— A Jaguar I-PACE battery recall lawsuit will continue for customers in California after Jaguar failed to convince the judge to dismiss warranty claims.
The lawsuit was filed after Jaguar recalled 2019-2024 Jaguar I-PACE SUVs for battery problems. The May 2023 Jaguar I-PACE battery recall was issued due to possible battery fires after the automaker investigated battery problems.
According to the Jaguar I-PACE battery recall, the vehicle could experience thermal overload which may show as smoke or fire under the I-PACE where the high voltage traction battery is located.
Jaguar mailed I-PACE battery recall letters in July 2023 so that dealers could update the battery energy control module software. Dealers were also told to inspect the batteries and determine if the battery modules should be replaced.
Recall documents submitted to the government say the software update will monitor the battery pack assembly in case the battery contains conditions which may lead to a thermal overload condition. The battery charging capacity will be limited to 75% if a battery problem is detected.
According to the Jaguar I-PACE battery recall lawsuit, the automaker knew the battery systems were defective before the vehicles were even built. But Jaguar allegedly ignored and concealed the defects and sold the SUVs even though the automaker knew the vehicles could catch fire.
The Jaguar I-PACE SUVs have allegedly lost value due to the battery recall.
Jaguar I-PACE Battery Recall Lawsuit — Warranty Claims Remain
Most consumers believe a court depends on evidence to move a lawsuit forward, but that's not the case in the U.S.
The judge in the Jaguar case notes this is a motion to dismiss the lawsuit, therefore the court "must treat all of the allegations as true." He went on to say he “must accept as true all material allegations set forth in the complaint, and must construe those facts in favor of the [the Plaintiffs].”
And by taking the allegations as true, the judge ruled the plaintiffs plausibly alleged the Jaguar I-PACE SUVs are worth less than they should be because of battery problems, and the "warranty did not come in to fix things."
According to the class action lawsuit, the recall failed to repair the SUVs and owners cannot depend on the warranty.
The judge ruled Jaguar took on written warranty obligations but did not live up to them because the plaintiffs claim the batteries are still defective.
The judge says the allegations in the class action are that Jaguar's battery recall and repair attempts have failed and that owners have suffered an economic injury. And according to the judge, "when seen in the light most favorable to the Plaintiffs," they have plausibly alleged an economic injury.
The Jaguar I-PACE battery recall lawsuit was filed in the U.S. District Court for the Southern District of California: Sharon Joyce v. Jaguar Land Rover North America, LLC, et. al.
The plaintiff is represented by Wirtz Law APC, and O'Connor Law Group.
