— A BMW coolant leak class action lawsuit has been dismissed after the two plaintiffs alleged the coolant hoses crack from normal use of the vehicle.
A cracked and damaged coolant hose can leak coolant and cause the engine to overheat, stall and fail.
The BMW coolant leak lawsuit includes these vehicles in California:
- 2017-2021 BMW 230i
- 2017-2021 BMW 320i
- 2017-2021 BMW 330i
- 2017-2021 BMW 430i
- 2017-2021 BMW 530i
- 2017-2021 BMW 540i
BMW allegedly failed to warn customers about the coolant hoses and how the engines were at risk of overheating.
One plaintiff says he purchased a used 2017 BMW 530i from a California dealership in October 2020. He noticed leaking coolant in August 2021 and the low coolant warning light was illuminated.
The repairs were performed for free under warranty at a BMW dealer.
But in November 2022, the low coolant warning light activated again and the dealer said a coolant hose had failed. The BMW was no longer covered by the warranty, so the plaintiff asserts he had to pay about $2,000 for the repairs.
Then in May 2023, the low coolant warning light illuminated again, and the dealer said he would need to pay the repairs. The plaintiff alleges he had to pay another $2,000 for repairs.
BMW Coolant Leak Class Action Lawsuit Dismissed
BMW filed a motion to dismiss the lawsuit, arguing against the allegations and claims in the class action. The judge did dismiss the entire coolant leak lawsuit, but primarily for one reason.
BMW told Judge Julien Xavier Neals the lawsuit does not sufficiently allege a defect, therefore the class action should be dismissed.
In the BMW class action lawsuit, the plaintiffs contend “coolant in the Class Vehicles is circulated in a closed, pressurized loop.”
“Thus, any defect in the parts that comprise the [cooling] system that allows coolant to leak will cause the Class Vehicles to run out of coolant and prevent the Class Vehicles’ engines from cooling appropriately and operating at a safe temperature.”
The plaintiffs further allege “the coolant lines in the Class Vehicles suffer from one or more design and/or manufacturing defects that cause them to prematurely wear at an accelerated rate because they are incapable of withstanding the high temperatures within the engine.”
"However, while Plaintiffs allege the symptoms of a defective coolant line (i.e., leaking coolant), they fail to plausibly allege what is actually defective in the coolant line. Plaintiffs do not . . . allege actual facts that make the existence of either a design or manufacturing defect plausible.” — Judge Julien Neals
The judge ruled there was no reason to look at BMW's other arguments in support of its motion to dismiss.
Though the judge dismissed the BMW coolant leak class action lawsuit, it was dismissed without prejudice, which allows the plaintiffs to change and refile their class action if they choose.
The BMW coolant hose leak lawsuit was filed in the U.S. District Court for the District of New Jersey: Shea Armstrong v. BMW of North America, LLC, et. al.
The plaintiff is represented by Sauder Schelkopf LLC.
