Consumers Bring Suit Against Mercedes to Remedy Dangerously Leaking Fuel Tanks

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Texas law firm Wigington Rumley Dunn & Ritch along with Georgia law firm Conley Griggs Partin filed a class action lawsuit against Mercedes-Benz, USA and its German parent corporation Daimler (1:12-cv-02494-TCB McCabe et al v. Daimler AG et al) in the Northern District of Georgia on behalf of thousands of consumers who purchased model year 2003-2009 Mercedes-Benz E-Class vehicles.

The lawsuit alleges that Mercedes has knowingly concealed a defect in the fuel tank assembly that poses a severe safety risk to consumers even when there is no collision or impact to the vehicle. The alleged defect in the tank causes gasoline vapor leaks inside the vehicle cabin and liquid gasoline leaks outside of the vehicle. Individuals with vehicles affected by this defect have reported strong gas odor in the vehicle following refueling. Others have reported liquid gas pooling onto the ground or other vehicle parts beneath the tank, causing understandable outrage over wasted gas and the risks of fire or other harm from exposure to raw fuel. Video footage obtained from one of the class members shows raw fuel leaking from a defective fuel tank and pooling on the ground of a 2007 Mercedes E63 AMG is available online at:

The Complaint alleges that failure to adequately contain raw gasoline and gasoline fumes render the vehicles unsafe to drive and unsafe to store in garages due to the potential for explosions and sickness. The lawsuit further alleges that exposure to gasoline vapor is dangerous for vehicle occupants. Known effects of exposure include respiratory problems, nausea, loss of coordination, loss of consciousness, and cancer. Plaintiffs allege despite being aware of the defect by at least 2008, Mercedes has failed to disclose the safety hazard to consumers and even instructed Mercedes-Benz technicians to only replace fuel tank parts that were under warranty after repeated owner complaints. Co-lead counsel for the class, Cale Conley, says, “The failure of a manufacturer like Mercedes to take full and prompt action to warn consumers and remedy this potentially catastrophic condition in full is egregious, and we filed this lawsuit to put a stop to this ongoing hazard to the public.”

Class members, including Tucker, Georgia, resident Ronan McCabe, say they would have never purchased their Mercedes-Benz vehicles had they known of the safety defect contained within the fuel tank. On January 23, 2012, the National Highway Traffic Safety Administration (“NHTSA”) opened an investigation of the gasoline leaks in 2003-2006 Mercedes-Benz E55 AMG vehicles. Neil Goro, who has experience litigating defect cases against car manufacturers says, “We believe the NHTSA investigation is just the tip of the iceberg in terms of uncovering the scope of the problems that consumers are facing with these vehicles.” The lawsuit alleges that the recall campaign only applied to E55 AMG vehicles affected by the problems, and did not even remedy the issue concerning gas leakage because customers are still reporting gasoline leaks.

The following 2003-2009 Mercedes-Benz models are included in the class action lawsuit:


The Federal Government, through NHTSA, requires that manufacturers notify consumers of known safety problems and fix the problems at no charge to the consumer.

Plaintiffs’ counsel would like to hear from individuals who have smelled gas in their 2003-2009 E-Class Mercedes vehicles or seen leaking fuel in or around their vehicle. Consumers can call the class action legal team at 1-888-406-5284 or visit for more information.

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