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A class action alleges 2023 Honda HR-V rear windows are shattering without warning, but Honda says it has already offered to replace any defective back windows for free.
The original Honda HR-V rear window class action lawsuit was filed in October 2023 and modified and refiled in February 2024.
Why do 2023 Honda HR-V rear windows shatter without warning?
“During the rear windshield assembly process, the sealer used to secure the rear glass in the [2023 Honda HR-V vehicles] comes into contact with the heating elements of the defroster, leading to a hot spot and weakening of the glass over time as the defroster is used, and which eventually results in the rear windshield shattering.” — Honda HR-V lawsuit
The HR-V back windows can shatter while driving or while the vehicles are parked, and the class action says the “shattering is so powerful that startled drivers have compared it to the loud popping noise, followed by a rain of glass falling on the occupants of the vehicle, sometimes while driving at highway speeds.”
The eight Honda HR-V customers who filed the lawsuit complain Honda refuses to repair or replace the rear windows in the 2023 models. Even when under warranty, dealerships allegedly force HR-V owners and lessees to pay “hundreds or thousands of dollars to repair the Defect.”
Motion to Dismiss Lawsuit / Motion to Compel Arbitration
Honda argues it took care of the problem of HR-V rear windows shattering without warning when the automaker created a “voluntary product update campaign.” Honda issued a document called “2023 HR-V Rear Windshield Shattering” that informed dealers an investigation was opened about why the back windows shattered.
In addition, Honda references a service bulletin issued to dealerships about 2023 HR-V shattering rear windows.
“During the assembly process for some vehicles, the sealer used to secure the rear glass have contacted the defroster heating elements. This can lead to a hot-spot and the weakening of the glass over time as the defroster is used.” — Service bulletin 24-012
According to Honda’s motion to dismiss the lawsuit, the class action should be thrown out because 2023 HR-V owners were sent letters about the free back window replacement program. Honda also argues 2023 HR-V customers who paid their own money for previous repairs could be reimbursed.
In addition to filing a motion to dismiss the HR-V shattering back window lawsuit, Honda also filed a motion to compel arbitration for lead plaintiff Sherry Fry. Honda argues Fry cannot be involved or lead this HR-V back window class action lawsuit because she agreed to arbitrate any disagreements with Honda.
According to the arbitration clause:
“By signing below, you agree that, pursuant to the Arbitration Provision, Item 26 above, you or we may elect to resolve any dispute by neutral, binding arbitration and not by a court action.”
The judge granted Honda’s motion to compel Fry’s claims and says Honda’s motion to dismiss regarding the other seven plaintiffs is temporarily suspended until plaintiff Fry’s arbitration proceedings are completed.
The Honda HR-V shattered back window lawsuit was filed by Sherry Fry, Brittani Barnes, Brittany Cabral, Tristan Fairbanks, Janet Ojo, Jessica Stewart, Kayla McClain and Ellen Einhorn.
The Honda HR-V shattered rear window class action lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania: Fry, et al., v. American Honda Motor Co., Inc.
The plaintiffs are represented by Lemberg Law, L.L.C.