Lawsuits for Shattering Sunroofs Are Moving Forward

According to a recent report, there are about a dozen developing class action lawsuits that involve exploding sunroofs.

In October 2017, Consumer Reports released a study on exploding sunroofs, finding that safety standards and regulatory oversight of sunroofs have not kept pace with dramatic size and design changes over recent years. It has since released a follow-up to its initial report, after one car owner won in small claims court against Honda.

Aaron Dunifon was driving his 2015 Honda Odyssey when he heard a loud “pop” and the sunroof glass shattered for no apparent reason. Although nobody was hurt, Dunifon was alarmed and initially believed Honda would repair it since the car was still under warranty. The dealership refused, however, and Dunifon began doing research into the issue. His father is a retired automotive glass engineer, who had witnessed similar spontaneous breakage at glass plants where he worked, and by tapping into his father’s experience and other resources online, Dunifon started building a case that he filed against the company in small claims court.

Prior to the November court date, Honda offered to settle for half of the repair costs, which was roughly $500, but Dunifon declined. Honda only sent a glass engineer to court, and since the automaker didn’t have a lawyer present, the company’s defense options were limited. Still, Honda moved forward with the case and Dunifon explained his case, going through 107 pages of exhibits he had compiled. Honda’s presentation in court was shared with Consumer Reports, and included six pages of exhibits. “Every inspection did not yield evidence of a defect in workmanship or material from the manufacturer,” Honda said. And since warranty only covers damaged glass caused by a defect in material or workmanship, the company concluded the repair wasn’t covered by the warranty.

The judge ruled in Dunifon’s favor, ordering Honda to pay $597.67, the cost of repair plus court costs.

SEE ALSO: Shattering Sunroofs Might be More Common than you Think

Now, Honda did iterate to Consumer Reports the 2015 Honda Odyssey has a conventional sunroof, not one of the newer, larger, panoramic sunroofs. The company said it “must make decisions based on observable facts, not opinions or conjecture. Regardless of vehicle brand, the vast majority of on-road glass breakage occurs due to damage from road debris. As with other types of vehicle damage, if there is no evidence of a defect, the best course of action for a consumer is to file an insurance claim.”

The Japanese automaker is one of 13 companies that have been asked to turn over some of its sunroof shattering data to the National Highway Traffic Safety Administration (NHTSA). According to Consumer Reports, Honda has the second-lowest rate of shatterings, behind only Volvo, which reported none.

There are records of class action lawsuits against several automakers including Hyundai, Kia, Nissan, Ford, Mercedes-Benz, and Volkswagen. The California case against Hyundai is scheduled for August in the U.S. District Court for the Central District of California and is believed to be the furthest along among the class action lawsuits.

“If you want to make a larger point that will change the course of what a manufacturer’s going to do, a class action might be better,” said Jason Levine, executive director of the Center for Auto Safety, a Washington-based watchdog group. “A successful class action frequently leads to changes in behavior.” The industry is not acknowledging there’s a problem, Levine says. “We want to see more aggressiveness from NHTSA, but it can’t all be on their backs.”

[Source: Consumer Reports]