Lemon Law News – Bad Airbag Software Causes Jaguar Recall
Jaguar Land Rover North America (Jaguar) recalled nearly 5,000 vehicles after finding a problem with their airbag calibration.
The manufacturer sent a safety recall report to the National Highway Traffic Safety Administration (NHTSA) on June 22, 2017 stating they “identified a concern” with certain 2010-2011 Jaguar XJ vehicles built between Aug. 11, 2009 and Aug. 31, 2010.
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The report states unsuccessful attempts to update the vehicles’ Restraint Control Module (RCM) software using the company’s diagnostic device can reset the RCM’s calibration to a default pre-set condition. This can cause the vehicles’ airbags to malfunction in crash conditions, deploying at unsafe impact thresholds.
Jaguar’s event chronology states they began investigating the problem on May 2, 2017 after a dealer reported a vehicle did not deploy airbags as intended. The company’s engineers reviewed the problem, examining the vehicle’s RCM and finding it didn’t have the correct software level. Further investigation found the link between Jaguar’s diagnostic system, unsuccessful software downloads and inadvertent software defaults.
Jaguar said the default calibration is not the “required and signed off software level,” meaning the airbags would not properly deploy in a crash situation. The company decided to issue a recall on June 15, 2017.
The manufacturer said they are aware of one injury related to the defect outside of the United States. No defect related to this problem has yet been found in the U.S. market.
Jaguar will notify owners and dealers will update the RCM with the latest software free of charge. The recall is expected to begin on August 18, 2017. Owners may contact Jaguar customer service at 1-800-452-4827. Jaguar’s number for this recall is H034. Jaguar Land Rover customers can also visit the NHTSA’s website and enter their VIN to see if their vehicle is included in any recalls.
Your vehicle’s manufacturer is legally required to fix any recalled problems for free. If the dealership refuses to fix the part or tries to charge you for the repair, contact the manufacturer immediately. The Highway Safety Act of 1970, which created the NHTSA, requires car manufacturers to pay for the recall and replacement of a defective part.
Lemon law attorneys help their clients by dealing directly with the manufacturer on the clients’ behalf, working to promptly resolve the issue and get their clients back on the road. Thanks to the Magnuson-Moss Warranty Act, attorneys can seek their fees directly from the manufacturer, meaning a client can obtain legal counsel without having to pay attorneys’ fees directly out of pocket.
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