Kia Faces Class Action Lawsuit for ‘Dangerous’ Fuel Tank Flaws

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A new class action lawsuit filed in California federal court alleges that Kia Motors America Inc. falsely misrepresented some of its vehicles as being constructed with “world-class quality,” even though their fuel tank placement allegedly places occupants at risk for fiery collisions. The models being targeted in the class action lawsuit are the 2010-2013 Kia Soul.

According to the Kia fuel tank class action lawsuit, Kia owners unwittingly put passengers in the back at risk during certain types of collisions. That’s because the gas tank is located directly under the rear seat and is not connected with reinforcing straps or is not protected by a whole-tank shield, which is a common practice used by other automakers. Plaintiffs allege that placing the fuel tanks under the rear seat “increases the risk that the gas tank will dislodge and ignite in a major collision.”

In addition, the construction of the Kia Soul places a fuel pump cover immediately under the rear seat cushion that allows mechanics easier access if there are problems with the device without removing the entire gas tank. However, if the gas tank is dislodged, the covering is plastic, “increasing the likelihood of a ‘blow torch’ [sic] fire in the rear compartment,” the class action lawsuit says.

That reportedly occurred in an incident where a Kia Soul “exploded in a collision in Texas as a result of the gas tank defects, and all three passengers in the rear compartment of the car burned to death,” the class action lawsuit says.

The plaintiffs are seeking to represent everyone who purchased, leased and/or currently own or lease a Kia vehicle model that has a gas tank that is not properly secured or is covered by a plastic fuel pump service cover. They are also seeking damages for violations of the state Consumer Legal Remedies Act, Unfair Competition Law, false advertising, breach of implied warranty and fraudulent concealment.

The plaintiffs are represented by class action lawsuit lawyers Elaine T. Byszewski, Steve W. Berman and Sean R. Matt of Hagens Berman Sobol Shapiro LLP and Mark P. Robinson Jr. of Robinson Calcagnie & Robinson.

The Kia Fuel Tank Defect Class Action Lawsuit is Constance Sims, et al. v. Kia Motors America Inc. et al., Case No. 13-01791, in the United States District Court for the Central District of California.

UPDATE: The Kia Gas Tank Defect Class Action Lawsuit was dismissed on March 31, 2014.