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A Honda Odyssey class action lawsuit is moving forward in court after minivan owners complained the power tailgates failed due to water leaking through seals meant to prevent water damage.
Included in the Odyssey tailgate failure class action lawsuit are 2018-2021 Honda minivans equipped with supposedly defective polyurethane seals.
Those rear body seam seals can crack and allow water to enter the rear driver’s side panels.
According to the lawsuit, the Odyssey power tailgate fails when water leaks into tailgate control module. The plaintiff complains the tailgate may open at any time, including while driving. The power tailgate may also fail to close and stay closed, and a fire is allegedly possible if a short circuit occurs.
The class action further alleges the faulty seals allow water to enter which causes the growth of mold and rust.
And complaining to Honda dealerships allegedly does no good and the automaker has refused to announce a tailgate recall to repair the supposed defects.
Honda argues there is no case because there are no plausible claims made by the plaintiffs.
According to Honda, the plaintiffs apparently aren’t even sure what is defective about the power tailgates. Honda notes how the plaintiffs contend “improper curing” of the sealant causes the problem, but the plaintiffs also assert the problems may be caused by “inadequate surface preparation due to debris remaining on the seam.”
The lawsuit also blames “significant flexing” in the area above the driver’s side rear window.
According to Honda, the plaintiffs allegedly throw all these “causes” together to create a single tailgate failure “defect.” Honda argues the 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.”
And while the class action lawsuit alleges the Odyssey power tailgates experience premature failure, Honda complains the plaintiffs never define what they mean by “premature.”
Honda filed its motion to dismiss and the judge dismissed several claims, including claims of violations of the Florida Deceptive and Unfair Trade Practices Act, breach of implied warranty, breach of duty of good faith and fair dealing, and unjust enrichment.
But multiple claims were not dismissed, and even with the dismissed allegations, those were dismissed without prejudice which allows the plaintiffs to modify and refile those claims.
The Honda Odyssey tailgate failure class action 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.