LOS ANGELES (CN) - Thirteen people have died and many more injured because cars with keyless fobs do not automatically turn off after the fob is removed, according to a federal class action against 10 major automakers.
Lead plaintiff Richard Draeger sued 10 automobile manufacturing groups and their associated research and design companies, including Toyota, Ford, Nissan, Honda and Volkswagen on Wednesday.
"In a number of incidents, drivers have parked their affected vehicles inside their garages and removed the keyless fobs, only to later discover that the engines never actually turned off. As a result, deadly carbon monoxide - often referred to as the 'silent killer' because it is a colorless, odorless gas - can fill enclosed spaces and spread to the attached homes. The results have been at least 13 documented deaths and many more serious injuries requiring hospitalization - all from carbon monoxide poisoning. Those injured by carbon monoxide poisoning caused by the defect include drivers, their families, other occupants of the residence where the vehicle is left running in the garage, neighbors, and first responders," according to the 141-page complaint.
Keyless fobs allow drivers to start a car without inserting a key. So long as the driver has the device in a pocket, a button on the dashboard or center console starts or stops the engine. They have become increasingly popular in recent years.
Automakers sell keyless fobs as "the ultimate driving convenience." But Draeger and 27 named co-plaintiffs, from four states, say the fobs are dangerous because the engine can keep running unattended after the fob is removed.
"In the name of convenience, and often at an increased purchase price, the automakers created keyless fobs without instituting adequate safeguards, warnings, or other safety features. The automakers failed to properly consider the ramifications of eliminating the physical and psychological connection between the vehicle and physical keys," the complaint states.
Many consumers erroneously think the keyless fob works like a key and turns off the engine when removed because they are used to traditional cars with physical keys, according Draeger says. But that's not how it works. "(A) driver can stop the vehicle, put it in park, exit with the keyless fob, and the vehicles' engine will still be running no matter how far away the driver goes from the car, and no matter how long the engine is running."
Complicating the danger is that automakers design cars to run quietly, making it easy for people to assume the car is off when it is still on. Cars that use keyless fobs are "defective and unsafe" because they do not have a safety feature that will shut down the engine after it has been left running for a certain amount of time, the class claims.
Some cars do not turn off even when drivers push the start/stop button on the dashboard, the class claims. It says Ford had to recall hundreds of thousands of vehicles, including 2015 models of the Escape and Focus, because of this software glitch.
Several people have filed wrongful death lawsuits against the automakers, many of which have been settled confidentially, according to the complaint.
