Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
UPDATE 6/11/13: Judge trims several claims from the Mercedes-Benz Gas Tank Leak Class Action Lawsuit, but allows plaintiffs to proceed.
Mercedes-Benz knowingly concealed a defect in the duel tank assembly of model year 2003-2009 Mercedes-Benz E-Class vehicles that poses a severe safety risk to consumers even when there is no collision or impact to the vehicle, a federal class action lawsuit claims.
According to the Mercedes fuel tank defect class action lawsuit, the alleged fuel tank defect causes gasoline vapor to leak inside the vehicle cabin and liquid gasoline to leak outside of the vehicle. Mercedes owners have reported a strong odor of gas in the vehicle following refueling, while others have reported liquid gas pooling onto the ground or other vehicle parts beneath the fuel. In addition to posing a safety hazard, the alleged defect also wastes money owners spend on gas, the class action lawsuit says.
Failure to adequately contain raw gasoline and gasoline fumes render the Mercedes vehicles unsafe to drive and unsafe to store in garages due to the potential for explosions and sickness, the class action lawsuit continues. The lawsuit further alleges that exposure to gasoline vapor is dangerous for vehicle occupants, and can cause respiratory problems, nausea, loss of coordination, loss of consciousness, and even cancer.
The class action lawsuit claims Mercedes has known about the fuel tank defect since at least 2008, but has failed to disclose the safety hazard to consumers and has even instructed Mercedes-Benz technicians to only replace fuel tank parts that were under warranty after repeated owner complaints.
Class Members of the class action lawsuit say they never would have purchased their Mercedes-Benz vehicles had they known of the safety defect contained within the fuel tank. The National Highway Traffic Safety Administration opened an investigation into the gasoline leaks in 2003-2006 Mercedes-Benz E55 AMG vehicles on January 23, 2012. A subsequent recall was issued, but only applied to E55 AMG vehicles. On top of that, the class action lawsuit says, the recall didn’t work, as many consumers are still reporting gasoline leaks.
The federal government, through NHTSA, requires car manufacturers to notify consumers of known safety problems and fix them at no charge to the consumer.
The Mercedes-Benz Gas Leak Class Action Lawsuit covers model year 2003-2009 Mercedes-Benz E350, E500, E55 AMG and E63 AMG vehicles. A copy of the class action lawsuit can be found here.
The case is McCabe, et al. v. Daimler AG, et al., Case No. 12-cv-2494, Northern District of Georgia.
ATTORNEY ADVERTISING
Top Class Actions is a Proud Member of the American Bar Association
LEGAL INFORMATION IS NOT LEGAL ADVICE
Top Class Actions Legal Statement
©2008 – 2024 Top Class Actions® LLC
Various Trademarks held by their respective owners
This website is not intended for viewing or usage by European Union citizens.
9 thoughts onMercedes-Benz Defective Fuel Tank Class Action Lawsuit
I have a 2008 Mercedes Benz E-350. I was recently told by a Benz dealer that my car has the fuel tank leak. I never received any recall letter. I want to part of this.
I am having a leaking gas tank in my Mercedes E320, 2003 , my car has only 120000 miles??
I own a 2007 Mercedes E350 PZEV low emissions for California vehicle.
I purchased a2007 E350 mercedes and took it to have the gas tank replaced because of the recall to the dealer but still having problems with the tank. How do i know if they replaced the the defected tank?
well I too smelled gas in my 2009 EClass 350. my fuel tank is leaking. I now need an entire NEW tank which is very expensive. I don’t understand why Mercedes excluded my year ? is there anything we can do?
how can we be a part of lawsuit as myE350 leaking oil also
I have a 2005 E55 that I bought in 07. The gas tank got replaced because it was a recall, in 08. About 2010 I had issues with smelling gas everytime I filled it up. A fuel tank sender assembly was replaced. Since then, according to the dash display, the car was never able to completely get filled up, the last bar at the top always empty. For the last year Ive only been filling the car halfway up because if I dont, the smell of gas is overwhelming. A few days ago I decided to fill it up. Big mistake. Gas smell so bad I had to turn fans on to air out garage and park the car outside. When I backed out there was 2 ft wide stream of gas. I then looked under car and discovered a steady leak right by driver side tire. Im trying to contact somebody at my local dealership, but do far nobody has called me back. This is a huge safety concern and risk.
Recently had to spend thousands of dollar to repair leaking gas tank in our Mercedes E320, 2005.
Found it was leaking below the back passenger seat “dangerous”! It was made of plastic and defective.
After Googling “Mercedes gas tank leak” I found many, many others had the same problem. Why is
nothing being done.
Multiple complaints to the NTSC on the C class also.