Kia Canada Named in Class Action Lawsuit Over Dangerous Sunroofs

A Quebec class action lawsuit is targeting Kia over an alleged design flaw that causes the panoramic sunroofs of several Kia models to shatter. The $1 million Canada class action lawsuit alleges that Kia breached its obligation of quality warranty by selling defective vehicles.

The affected Kia vehicles included in the Canada class action lawsuit are:

• 2011-2019 model year Kia Sorento vehicles;
• 2011-2019 model year Kia Optima vehicles;
• 2011-2019 model year Kia Sportage vehicles;
• 2014-2019 model year Kia Soul vehicles; and
• 2014-2019 model year Kia Cadenza vehicles.

The Kia sunroof class action lawsuit is seeking compensatory damages at an amount to be determined at a later date, as well as punitive and/or exemplary damages temporarily assessed at $1 million.

Kia Sunroofs “Spontaneously Shatter”

Plaintiff Marina Roy is leading the Kia sunroof class action lawsuit after encountering several problems with her 2016 Kia Sportage’s panoramic sunroof.

According to the Kia sunroof class action lawsuit filed by Siskinds, Desmeules, the “spontaneous shattering” of the sunroof “puts the safety of drivers and passengers at risk.”

The culprit, according to the Kia sunroof class action lawsuit, is the ceramic paint applied to the glass of the sunroof.

According to Consumer Reports, a shattering sunroof might sound like a freak occurrence, but it is, in fact, not out of the ordinary at all. According to the website, sunroofs have significantly expanded in size in recent years, and the number of consumer complaints about them shattering without warning has soared.

Although shattering sunroofs are not as common as a tire blowout on the highway, glass breakage while driving can present a real safety hazard, warns the organization.

A Consumer Reports investigation found that automakers generally do not acknowledge or resolve the issue. The organization underscores that although the experts interviewed during the investigation didn’t agree on the exact cause of the glass breakage, they did agree that the bigger the expanse of glass, the harder to ensure that the glass won’t shatter. This means that panoramic sunroofs may be at a greater risk of breaking.

According to a 2017 report by CTV News, Canada has sunroof complaints dating back almost two decades. According to the report, the sunroof complaints spiked in 2012. In fact, there have been 341 complaints reported in Canada between 2012 and 2017. Transport Canada reported that most of the complaints about sunroof breakage were due to impact, but some may have been manufactured incorrectly.

Kia Vehicles Unfit for Use

The Kia class action lawsuit alleges that the automaker did not respect its obligation of quality warranty. Additionally, the Canada class action lawsuit argues that Kia did not respect its conventional warranty on the vehicles at issue, because the panoramic sunroofs on those vehicles “have major defects that render them unfit for the use for which they were intended.”

The sunroof breakages in the Kia lawsuit are blamed on a design and manufacturing defect as well as a faulty installation. This puts the Kia sunroof issues into Transport Canada’s minority in terms of sunroof shattering complaints.

Aside from the warranty and defect charges, the Kia sunroof class action lawsuit alleges that the automaker made false and misleading representations to consumers by advertising the vehicles subject to the Canada class action lawsuit as being “of exceptional quality and meeting the highest safety standards.”

The Kia sunroof class action lawsuit also alleges that Kia knew about the risks of breakage, especially for panoramic sunroofs, yet did not warn consumers. A list of investigations into the phenomenon is presented by the lawyers leading the class action:

• In 2013, the U.S. National Highway Traffic and Safety Administration (NHTSA) investigated sunroof issues encountered with the 2011 to 2013 Kia Sorento;
• NHTSA initiated a second investigation in 2014, following additional complaints of breakage and injuries related to panoramic sunroofs;
• In December 2012, the Korea Automobile Testing and Research Institute (KATRI) also began an investigation into sunroof breakage incidents regarding other automakers; and
• In 2013, KATRI published the results of its investigation, of which Kia was allegedly notified about, finding that panoramic sunroofs were susceptible to major breakage.

Although Kia was purportedly aware of the risks of sunroof breakage on various models, the automaker only recalled some of their vehicles due to concerns in 2016.

Did your Kia sunroof shatter? Do you think panoramic sunroofs are dangerous? Tell us your thoughts in the comment section below!

The lead plaintiff and Class Members are represented by Karim Diallo of Siskinds, Desmeules.

The Kia Sunroof Class Action Lawsuit is Marina Roy v. KIA Canada inc., et al., Case No. 200-06-000229-198, in the Superior Court of Québec, District of Quebec, Canada.

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