Drivers sue Ferrari for negligence over brake defect
SAN DIEGO (FOX 5/KUSI) — A group of U.S. drivers are suing Ferrari for negligence and allegedly misleading consumers about years-long braking issues with its luxury sports cars that cumulated in recalls in 2021 and 2022.
The 100-page class-action lawsuit, which was filed in a San Diego federal court on Monday, claims that Ferrari and one of its parts suppliers was aware of problems with its braking system but failed to inform owners, leading to a handful major collisions and many close calls.
“Ferrari and (Robert) Bosch (GmbH) knew, should have known, or were reckless in not knowing that the Class Vehicles contained the Brake Defect despite their knowledge of the Brake Defect, which poses a safety threat to (drivers) and the public,” the complaint read.
According to the complaint, the defect allowed the vehicles’ brakes to potentially leak fluid, which “may lead to partial or total loss of breaking capability.”
Ferrari had recalled its vehicles in several countries, including the U.S., in 2021 and 2022 to address other braking issues, but had offered an interim “remedy” to owners involving replacing a part that caps brake fluid to prevent leaking.
However, the complaint alleges Ferrari continued to sell thousands of cars with systems susceptible to leaking — the only fix being to replace its master cylinders when it happened.
” … class members would not have purchased the (Ferrari vehicles) had they known braking capability could be partially or totally impaired due to a component failure — a component that Ferrari has been unwilling to repair or replace,” the complaint read.
The lead plaintiff in the proposed class-action is Iliya Nechev, a San Marcos, Calif. resident who bought his 2010 Ferrari 458 Italia in 2020.
Nechev said in the complaint that he experienced brake issues “from the day (he) received” his Ferrari, coming close to an accident several times. When he brought these issues to the Ferrari dealership, he says staff told him it was “normal” and that he should “just get used to them.”
Nechev then attempted to repair the problems on his own in April 2021. After reaching the master cylinder in the engine, he discovered a small pool of brake fluid that was leaked by the master cylinder seal. Fixing it, the complaint says, solved the issues he experienced while driving.
Later that year, Ferrari began recalling some of its vehicles, such as the 458 and 488, produced over the last two decades for brake issues.
In a statement, Ferrari told Nexstar that the “safety and well-being” of their customers is their highest priority.
“We operate according to stringent safety and security guidelines to ensure that our vehicles always respect homologation specifications,” the statement continued.
Ferrari also added that all “relevant international authorities” were made aware of the recall due to the possible defect in the braking system affecting some vehicles made between 2010 and 2019. A subsequent voluntary extension was added for cars made between 2003 and 2019 in line with what Ferrari described as its “uncompromising engineering practices.”
Bosch, the German manufacturer of the allegedly defective parts who is also listed as a defendant in the suit, declined to comment in a statement that read, “As a matter of policy, Bosch does not comment concerning topics in litigation.”
According to the complaint, the proposed class in the lawsuit is seeking a refund to all of their vehicles and repairs resulting from the brake issues, on top of any compensatory and punitive damages.
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