MINI Cooper Class Action Alleges Dangerous Power Steering Defect

The Ontario Superior Court of Justice has certified a national class action lawsuit alleging some MINI Cooper vehicles contain a dangerous power steering defect that poses the risk of crashes and/or potential vehicle fires.

The MINI Cooper class action lawsuit was initially filed back in 2014 against defendants Bayerische Motoren Werke Aktiengesellschaft (BMW AG) and BMW Canada Inc.

“The Class Cars contain a common dangerous defect in the power steering system, which makes the Class Cars dangerous when used for ordinary highway driving and city driving intended by the Defendants,” the BMW Canada class action lawsuit says.

When the vehicle malfunctions, the dashboard warning lights either fail to activate or activate too late to adequately warn the driver of the risk. According to the MINI Cooper class action lawsuit, the power steering defect can cause personal injury, property damage, and/or a vehicle fire.

The MINI Cooper vehicles that are allegedly impacted by the power steering defect include 2002-2006 model year MINI Cooper or MINI Cooper S vehicles, and 2005-2008 model year MINI Cooper Convertible or MINI Cooper S Convertible. Anyone in Canada who owned or leased one of these affected vehicles is considered Class Members of the MINI Cooper power steering defect lawsuit.

More than 16,600 MINI Coopers that are allegedly affected by the power steering defect were sold in Canada.

Plaintiff Peter Scott Harris alleges he purchased a new 2003 MINI Cooper, and experienced an issue with the vehicle’s power steering in October 2010. He says the issue made it difficult to steer the MINI Cooper and made him concerned about the vehicle’s safety.

According to the MINI Cooper class action lawsuit, he replaced the power steering pump cooling fan at his local dealership. Scott says he has not been reimbursed for the costs of the repair.

Scott claims that BMW knew or should have known that the MINI Coopers had a dangerous defect in the power steering system at the time they were manufactured. He also argues the vehicle maker could have employed safer design alternatives.

BMW did attempt to address the defect, according to the MINI Cooper class action lawsuit. In 2005, the company reportedly attempted a redesign of the MINI Coopers that was inadequate and defective.

In 2016, BMW reportedly notified owners and lessees of certain 2002-2005 MINI Cooper and MINI Cooper S vehicles in the United States about a defect that affects the safety of the vehicle. BMW directed U.S. owners and lessees to have the necessary repairs completed as soon as possible at no cost.

BMW did not provide a similar offer to Canadian owners and lessees of the same MINI Cooper and MINI Cooper S vehicles even though they have the same design and were manufactured in the same facility as the vehicles that were sold in the United States, Scott claims in the MINI Cooper class action lawsuit. Instead, BMW Canada offered an extended warranty on the power steering pump and cooling fan.

Under the extended warranty, BMW Canada agreed to only repair vehicles if a power steering failure occurred before the warranty expired or the mileage limit was reached. BMW Canada did not agree to make reimbursements for previously incurred repair costs.

The MINI Cooper power steering defect class action lawsuit asserts claims for negligent design, manufacture and distribution; failure to warn that the affected vehicles contained a dangerous defect; and failure to recall a product that is dangerously defective.

The BMW Canada class action lawsuit has asked BMW to pay for the cost of repairing the affected MINI Cooper vehicles and to reimburse owners and lessees who have already paid to have their vehicles repaired. Scott has asked for $25 million in damages for the repair and replacement of the Class vehicles.

Scott is also seeking compensation for Class Members who have suffered injuries or other damages as a result of the MINI Cooper power steering defects in an amount yet to be determined.

The MINI Cooper class action lawsuit has also asked for $50 million in punitive and exemplary damages.

Justice Perell of the Ontario Superior Court of Justice certified the BMW Canada class action lawsuit on April 2, 2020.

What do you think about this class action lawsuit? Should BMW have notified MINI Cooper owners and offered necessary repairs at no cost in Canada too? Tell us your thoughts in the comment section below!

Class Members are represented by Margaret L. Waddell of Waddell Phillips Professional Corporation Barristers and Kathryn Podrebarac of Podrebarac Barristers PC.

The MINI Cooper Power Steering Defect Class Action Lawsuit is Scott Harris v. Bayerische Motoren Werke Aktiengesellschaft, et al., Case No. CV-14-497479 00CP, in the Ontario Superior Court of Justice, Canada.

Read More Lawsuit & Settlement News:

Automotive Wire Harness Systems Price-Fixing Class Action Reaches Settlement

Uber and Toronto Hit With Lawsuit Over Lack of Driver Training After Deadly Accident

Ford Files Lawsuit to Rescind GT Supercar Sale in Canada

Canada Roundup Glyphosate Cancer Class Action Lawsuit Investigation