Honda Settles Class-Action Suit Over Brakes

Wheels - The Nuts and Bolts of Whatever Moves You
April 6, 2010, 7:30 am
Honda Settles Class-Action Suit Over Brakes
By CHRISTOPHER JENSEN
2008 Honda Accord EX-L V-6 sedan.

Honda has agreed to settle a class-action suit that claims the rear
brakes in 750,000 late model Accords and Acura TSXs are wearing out more
than twice as fast as they should.

The suit was filed in September, claiming that unreasonable wear was due
to a defective design that caused “excessive force to be applied to the
vehicle’s rear wheels.”

It covers 2008–9 Accords and 2009 Acura TSXs as well as a small number
of 2010 models. The suit says the rear pads wear out in 15,000-20,000
miles when they should last at about 70,000 miles, that Honda has
refused to provide repairs under the new-car warranty and failed to warn
new buyers that the rear brakes would require such frequent repairs.

The suit attributes the problem to a new braking system that included
four-wheel discs and an electronic brake distribution system that became
standard on the 2008 Accord and 2009 TSX.

On its Web site, Honda described electronic brake distribution as “a
more exacting method of ensuring that proportionate braking forces are
applied to the brakes. In order to avoid needless ABS cycling during a
nonemergency stop, E.B.D. uses the ABS sensors to detect impending
rear-wheel lockup. Then it signals an additional ABS solenoid to reduce
braking force to the rear and add more to the front.”

Honda has come up with a new brake pad and can make adjustments to the
braking system that will “greatly increase the lifespan of those rear
brake pads,” said Eric Gibbs of San Francisco, one of the lawyers who
filed the case.

Chris Martin, a Honda spokesman, said the automaker did not comment on
pending litigation.

The proposed settlement says that Honda denies there is a defect or that
it has done anything wrong. The settlement also says neither Honda nor
the plaintiffs’ lawyers have identified a safety problem.

The National Highway Traffic Safety Administration has about 350 owner
complaints about the issue on its Web site.

Jerry Ongaro of Naperville, Ill., filed his complaint with the Center
for Auto Safety. Mr. Ongaro said he was charged $256 for new rear brakes
on his 2008 Accord after only 26,000 miles. “Most of the miles I put on
this particular car have been expressway. No stop and go. Strictly zoom,
zoom. Back and forth. I was dumbfounded,” he said in an interview.

“I just got very angry at the seeming indifference Honda had with this,”
he said. “I was really frustrated, this is my eighth Honda. They have
been great cars.”

Judge Margaret M. Morrow of the United States District Court for the
Central District of California is scheduled in May to consider whether
the settlement is fair to owners and deserves preliminary approval. If
she grants preliminary approval, interested parties have the opportunity
to comment. She would consider final approval later this year.

Here’s what is proposed:

• Owners who had the pads replaced and rotors resurfaced before approval
of the settlement would be reimbursed for one half of the cost, or a
maximum of $125, “whichever is less.” That would be for repairs in which
the original worn pads were replaced with pads of the same type. Owners
can file claims for multiple repairs, and the work does not need to have
been done at a Honda dealership.

Owners who complained on the N.H.T.S.A. Web site typically said they
paid from $100 to $300 for the repair, which sometimes included the
brake rotors being smoothed out.

• Owners will also be given a one-time payment of up to $150 to have the
new, redesigned brake pads installed.

Mr. Gibbs said the $150 should pay for most repairs, but some consumers
might have to pay an extra $10 or $20. He said that seemed like the best
deal possible because there would be no guarantee that consumers would
get more after a trial.

“Cases like this, when you are alleging that a wear part is defective,
are extraordinarily difficult to prove and to win,” Mr. Gibbs said.

The settlement proposes that $2 million for fees and expenses be shared
by Mr. Gibbs and the other lawyers in the case, including those from
Berk Law of Washington.

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http://wheels.blogs.nytimes.com/2010/04/06/honda-settles-class-action-suit-over-brakes/?nl=automobiles&emc=wheelsema2

 

Another ridiculous lawsuit. It seems the brakes were working as
designed. They are completely safe. They wear out. The rear brakes
wear faster than some past Honda for some drivers becasue Honda
included some sophiticated electronics to adjust the brake balance
more towards the rear in some conditions. Brake wear is not covered by
the warranty. I never recall seeing any Honda/Acura ads or literature
where Honda claimed the rear brakes should last 70,000 miles. So the
suit seems to be saying - "We bought a Honda becasue they are soooo
good, but they weren't as good as we hoped they were, so give us some
money." BS

These idiots bought a car and then expect that the brakes will last
forever. They should be forced to drive a 1969 Plymouth Fury with drum
brakes...

I wonder how long after Honda "fixes" the rear brakes before other
idiots will sue Honda becasue the rear brakes no longer work as well
as before the "fix" or that the front brakes now wear out faster after
the "fix."

My son wore out his Mustang rear brakes after only 25,000 miles...can
I sue Ford? Do I have to tell them he screwed up the parking brake?

Ed

 

Indeed, but the important and most relevant part:

"The settlement proposes that $2 million for fees and expenses be shared
by Mr. Gibbs and the other lawyers in the case"