— A 2023 Honda HR-V shattered rear window class action lawsuit alleges the back glass is defective due to the materials used for the window.
The plaintiffs also claim the windows can shatter from structural defects in the HR-Vs.
Six owners of 2023 Honda HR-V vehicles filed the class action by contending no external impacts are needed for the back windows to shatter.
The plaintiffs also assert Honda refuses to cover the broken glass under the vehicle warranty and further refuses to recall the HR-V SUVs to repair or replace the shattered back windows.
According to the Honda class action, the rear windows can shatter if the HR-Vs are in motion or parked, distracting drivers when the glass breaks. If the back window shatters and breaks when the HR-V is parked, there is nothing to prevent a thief from climbing into the vehicle.
Though no recall has been issued for 2023 Honda HR-V shattered back windows, the lawsuit references documents sent to Honda dealerships asking that technicians be on notice for the problem.
In May and June 2023, Honda sent messages to dealerships which said Honda was investigating HR-V shattered back windows.
Honda told dealerships the automaker was “searching for certain 2023 HR-Vs with a customer complaint of rear windshield shattering” and “[t]o better understand the cause of this condition, [Honda] would like to collect specific parts from the vehicle prior to [dealers] attempting a repair of any kind.”
Motion to Dismiss: 2023 Honda HR-V Back Window Lawsuit
Honda filed a motion to dismiss what it calls a "sweeping class action" that includes all 2023 Honda HR-V SUVs in the U.S.
However, Honda argues what is missing from the allegations is "notable."
Honda alleges the plaintiffs do not specify what information the automaker should have revealed about the back windows. And the plaintiffs also do not claim when Honda had knowledge of the alleged window defects.
According to Honda, the earliest possible date the plaintiffs can point to in their class action lawsuit for Honda’s knowledge is March 6, 2023, which is the date of the earliest complaint made to the National Highway Traffic Safety Administration.
But by that date, all the plaintiffs had already purchased their 2023 Honda HR-Vs.
As for fraud-based claims, Honda argues the plaintiffs lack "factual details to support their conclusory and sweeping theories of liability." Fraud-based claims must be very specific to advance the claims in court.
The Magnuson-Moss Warranty Act claim must allegedly be dismissed because the Act only allows class action claims if there are 100 or more named plaintiffs, but there are only six named plaintiffs in the HR-V shattered back window lawsuit.
For a few plaintiffs, Honda says the express warranty claims must be dismissed because the plaintiffs fail to allege the mileage on their HR-Vs when the rear windows shattered.
Honda further argues implied warranty claims of four plaintiffs must be dismissed because the plaintiffs had a relationship with Honda dealers, not directly with Honda.
In other words, the plaintiffs purchased their HR-V vehicles from dealerships, not directly from the defendant, American Honda Motor Company.
Honda recently announced what it is calling a "voluntary product update campaign," likely to begin in April or May 2024.
The class action lawsuit alleges the structure of the HR-V or the materials of the back window glass cause the glass to shatter. But following an internal investigation, Honda says the rear windows can shatter due to the rear window defrosters.
“American Honda has received a limited number of reports of rear-hatch glass breaking on 2023 Honda HR-V vehicles associated with rear defroster use. Our investigation has revealed that during the assembly process for some vehicles, the sealer used to secure the rear glass may come into contact with the heating elements of the defroster, leading to a hot spot and weakening of the glass over time as the defroster is used." — Honda
The 2023 Honda HR-V shattered rear window class action lawsuit was filed in the U.S. District Court for the Middle District of Pennsylvania: Sherry Fry, et al., v. American Honda Motor Co., Inc.
The plaintiffs are represented by Lemberg Law, L.L.C.