Nissan Air Bag Problem

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Consumers have experienced problems with Nissan airbag systems.  Sometimes the airbag will not work misclassifying adult passengers.  This is different from the Takata airbag problem.  Here are excerpts from an NHTSA report.

Nissan North America, Inc. 20150831 20170502 15V681000 Occupant Classification System Failure In April 2014, Nissan North America launched Safety Recall 14V-138 to address problems with the Occupant Classification System (OCS) algorithm in the following vehicles: model year (MY) 2013-2014 Nissan Altima, Pathfinder, Sentra and LEAF; MY 2013 Infiniti JX35; MY 2014 Infiniti QX60 and Q50; and MY 2013 Nissan NV 200/Taxi vehicles.

According to Nissan, the OCS may misclassify adult front passenger occupants and turn off the passenger’s frontal air bag for an adult occupant of sufficient weight.In March 2015, the Office of Defects Investigation (ODI) opened a Recall Query (RQ15-001) after the agency received approximately 124 complaints alleging problems with the OCS after the recall repairs and/or other OCS related repairs were made by Nissan/Infiniti dealers.The majority of the complaints alleged the passenger air bag status light stays on (i.e., indicating passenger air bag is turned off) for adult front passengers of sufficient weight.

Many of the complaints stated the dealers have made multiple repairs but the problem still persists.In its June 2015 response to ODI’s information request under the Recall Query, Nissan provided approximately 1,121 complaints and field reports on the recalled vehicles.These reports alleged OCS issues similar to the NHTSA reports described above.At this time, NHTSA has received a total of approximately 208 complaints (note: total of 1,271 reports shown in the table above eliminates 58 duplicative reports received by ODI and manufacturer).An Engineering Analysis has been opened to conduct a comparative assessment and further evaluate the effectiveness of the recall remedy which will include a thorough review of the countermeasures taken by Nissan and its suppliers.The ODI reports cited above can be reviewed online at http://www-odi.nhtsa.dot.gov/owners

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Call (973) 598-1980 for a free consultation about your Nissan airbag problem.

 

Nissan Altima Sensor Defect

A Federal court has allowed claim based upon problems with the Nissan Altima, Leaf, Pathfinder and Sentra.  The consumer claimed  his 2013 Nissan Altima has faulty sensors that could render the air bags inoperative. He can proceed with his deceptive-business-practices claim against Nissan North America, a federal judge has ruled.  Zaccagnino et al. v. Nissan North America Inc., No. 1:14-cv-03690, 2015 WL 3929620 (S.D.N.Y. June 17, 2015).
U.S. District Judge Louis L. Stanton of the Southern District of New York ruled that plaintiff Andrew Zaccagnino plausibly alleges that Nissan knew but did not disclose that a 2014 recall had not remedied the defect in all affected vehicles.
“That is sufficient to plead that those omissions were materially misleading,” the judge ruled.   According to the complaint, the sensor software can register an occupied passenger seat as empty, deactivating the air bag and increasing the risk that an accident could injure the passenger. The plaintiff filed suit on behalf of all owners and lessees of the 2013-2014 Altima, Leaf, Pathfinder and Sentra; 2013 NV200 cargo van; 2013 Infiniti JX35; and 2014 Infiniti Q50 or QX60. Westlaw Journal Automotive, Vol. 34, Iss. 4, 34 No. 4 WJAUTO 8).
 
In refusing to dismiss the business-practices claim, Judge Stanton said N.Y. Gen. Bus. Law § 349 prohibits deceptive acts or practices that are “misleading in a material way.”

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