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A Honda Odyssey class action lawsuit alleges the power tailgates fail, but Honda argues the minivan owners who filed the lawsuit “have not identified what the alleged defect actually is.”
The lawsuit involves 2018-2021 Honda Odyssey minivans with power tailgate problems caused by water leaking through body seams.
Without proper sealing of the seams, the Honda Odyssey liftgates will allegedly fail.
The Odyssey owners who sued complain the power tailgate problems arise from water entering the tailgates through defective polyurethane seals that crack. The water in the tailgate allegedly affects the power tailgate control module which allows the liftgate to suddenly open while driving.
The class action alleges an Odyssey tailgate that stays open and cannot close is a safety hazard, something Honda allegedly knew before the minivans were first sold. The plaintiffs also complain water in the tailgate can cause a short circuit and even a fire. In addition, the tailgate water can allegedly cause rust and mold.
According to the tailgate lawsuit, the problems send Odyssey owners to dealers seeking help, but Honda allegedly refuses to pay for repairs under warranty. This means an owner must pay to repair the Odyssey power tailgate problems.
Motion to Dismiss the Odyssey Power Tailgate Lawsuit
In its motion, Honda argues it doesn’t know what the defect is supposed to be and the six owners still own the vehicles and are still driving the “defective” minivans.
According to Honda, the plaintiffs claim the the Odyssey power tailgate problems exist, but apparently there are a number of theories about what causes the problems.
Honda says the plaintiffs blame the problems on “improper curing” of the sealant that results in weak spots, but the problems may also be caused by “inadequate surface preparation due to debris remaining on the seam.” In addition, there may be “significant flexing” in the area above the rear window on the driver’s side because of the unibody construction.
“Plaintiffs allege, vaguely, that a variety of possible causes may have affected a variety of parts or systems, causing problems that may eventually cause a tailgate to malfunction. They aggregate all this and label it a single ‘defect.’ That approach fails to give fair notice of their claim and does not plead with particularity what they accuse Honda of misrepresenting and/or failing to disclose.” — Honda’s motion to dismiss
The Odyssey power tailgates supposedly suffer from premature failure, but Honda argues the plaintiffs never define what they mean by “premature.”
The plaintiffs also complain Honda “knew or should have known” there was a tailgate defect, but Honda says the plaintiffs do not allege specifically when Honda knew or should have known of problems.
Honda allegedly refused to pay for tailgate repairs experienced by the plaintiffs, something they complain should have been paid for under the minivan warranties.
But in its motion, Honda says a warranty does not cover design defects, yet the plaintiffs allegedly blame the tailgate problems on design issues.
“Plaintiffs assert that the use of polyurethane sealant to fill the seams is a ‘manufacturing and/or design defect.’ It could not be both. A manufacturing defect involves a departure from intended specifications; a design defect does not. Plaintiffs do not allege Honda used polyurethane by mistake or due to some sort of accident in the manufacturing process. To the extent they contend using polyurethane instead of something else is a design defect, they allege no facts suggesting why that might be true.” — Honda
Honda further argues the plaintiffs allege their Odyssey power tailgates had problems, but the plaintiffs allegedly fail to allege sufficient facts to support their theory the tailgates malfunctioned due to some “defect” found in all the minivans. Honda says malfunctions can occur in any vehicle and it doesn’t mean all vehicles are defective.
The automaker allegedly knew about Odyssey tailgate problems before the plaintiffs purchased their minivans but concealed the defects from the owners. The class action says complaints made to the government prove Honda’s knowledge, but the automaker argues that’s nonsense.
As for complaints filed with the National Highway Traffic Safety Administration, Honda alleges the earliest tailgate complaint about a leaking seal was made in October 2021. Honda notes first how the class action includes 2018-2021 Honda Odysseys, and four of the plaintiffs bought their minivans before the first complaint to NHTSA.
Honda argues, “at the time of those purchases, NHTSA had not received a single complaint that might describe ‘the Sealant Defect.’”
Additionally, a fifth plaintiff did purchase his Odyssey in October 2024, but Honda argues that by then there still had only been three complaints made to NHTSA about tailgate problems caused by seals.
According to the class action, the plaintiffs accuse Honda of fraud based on false or misleading representations. The plaintiffs reference how they looked at the window stickers and spoke to dealer sales representatives prior to purchasing the Odysseys.
But Honda argues the fraud claims are “conclusory” because the plaintiffs do not assert what the dealer sales representatives said to them or what information they might have seen or relied upon from the window sticker or the websites they viewed.
And Honda told the judge the plaintiffs do not even generally alleges anyone said anything to them about the Odyssey seals or sealing process or the tailgates in particular. According to Honda, the plaintiffs “have not pleaded any representation with particularity,” and that’s something necessary in court.
The Honda Odyssey power tailgate class action lawsuit was filed by these customers:
- Victor Freeman / Florida / 2021 Honda Odyssey
- Kenneth Riker / Washington / 2020 Honda Odyssey
- Eugene Sullivan / New Jersey / 2021 Honda Odyssey
- Santosh Ameti / Washington / 2019 Honda Odyssey
- Shammara Hannah / Maryland / 2019 Honda Odyssey
- Julio Angulo / California / 2018 Honda Odyssey
The Honda Odyssey power tailgate lawsuit was filed in the U.S. District Court for the Central District of California: Michael Dubrosky v. American Honda Motor Co., Inc., et al.
The plaintiff is represented by Nye, Stirling, Hale, Miller & Sweet LLP, and Sauder Schelkopf LLC.