Nissan Rogue Gas Smell Lawsuit

Elias v. Nissan North America, Inc. Case Information

• Case Number: 3:23-cv-00348
• Case Status: Case is in Discovery (Last Update: June 21, 2024)
• Court: United States District Court for the Middle District of Tennessee
• Filed: August 14, 2023

Michael Elias, Lemberg Law’s client, along with six other Nissan Rogue owners, are suing Nissan North America, Inc. (“Nissan”) as a class action on behalf of themselves and other owners and lessees of 2022-2023 Nissan Rogue vehicles. The lawsuit highlights the disparity between Nissan’s continued benefit from selling their 2022-2023 Rogue at a higher price and avoiding warranty obligations, while consumers suffer harm and financial loss due to the unremedied Gas Fumes Defect.

The Complaint

The Complaint centers on a defect within the 2022-2023 Nissan Rogue’s engine’s Positive Crankcase Ventilation (“PCV”) system. As a result, fuel seeps through porous rubber components and emits strong gas fumes into the vehicle’s interior. The gas fumes the Class Vehicle’s defective PCV system not only cause physical discomfort, including nausea and headaches, but also pose a significant fire safety hazard, as evidenced by numerous complaints filed with the National Highway Traffic Safety Administration (NHTSA).

Despite knowledge of the defect, Nissan has allegedly failed to adequately repair it under warranty. Owners and lessees have been left to endure the noxious odors without a remedy. Many complaints to Nissan dealerships have resulted in assurances that the issue is under engineering review. However, Plaintiffs have no immediate solution. Many argue they would not have purchased the Class Vehicles if they knew about the Gas Fumes Defect. Others state they would have paid substantially less. The complaint alleges fraudulent concealment, unjust enrichment, and breaches of express and implied warranties. It also claims violations of various state consumer protection laws and the Magnuson-Moss Warranty Act

Claims for Relief

This class action aims to hold Nissan accountable for the alleged defects in their vehicles. It also addresses the handling of customer complaints and warranty claims. In seeking remedy for Nissan’s alleged unlawful conduct, Plaintiffs seek damages and restitution, as well as proper notification to class members about the defect.

Legal Assistance

If you have experienced this gas fume defect with your Nissan Rogue, call us today at 844-928-4443 to inquire about joining the lawsuit.