nissan pathfinder

Nissan and Infiniti ABS Actuator Defect Could Potentially Cause a Fire

Understanding the ABS Actuator Issue: What Consumers Need to Know

If you’ve experienced a fire or other problems with the anti-lock braking system (ABS) in your Nissan or Infiniti, you’re not alone. Thousands of vehicles have been recalled due to an allegedly dangerous defect in the ABS actuator, which could lead to vehicle fires.

If you purchased or leased one of these vehicles in California and have encountered issues, it’s crucial to understand your legal rights. Especially for California residents, the Song-Beverly Consumer Warranty Act provides additional protection if your vehicle has not been repaired despite your reasonable efforts or has had a fire caused by a defect.

In case of a fire, getting legal advice BEFORE agreeing to an insurance settlement is vital.

What Is the ABS Actuator Problem?

The ABS actuator controls the pressure in your brakes, preventing them from locking up during emergency situations.

In affected Nissan and Infiniti vehicles, the ABS actuator’s pump seal may leak brake fluid onto the control circuit board. If the leak occurs, the ABS warning light will turn on.

Continued operation of the vehicle in this condition increases the risk of an electrical short, which could cause a fire.

Nissan has acknowledged that if the ABS warning light remains on, drivers must stop operating the vehicle and park it away from buildings or other vehicles due to the risk of fire.

Affected Vehicles

The recalls (announced in 2016, 2018 and 2019) involve potentially over 400,000 vehicles, including these models:

  • 2016-2018 Nissan Maxima
  • 2015-2018 Nissan Murano
  • 2015-2016 Nissan Murano Hybrid
  • 2017-2019 Nissan Pathfinder
  • 2017-2019 Infiniti QX60

Your Rights under the Song-Beverly Consumer Warranty Act

For California consumers, the Song-Beverly Consumer Warranty Act, commonly known as the Lemon Law, provides strong protections. Under this law, if a manufacturer or its authorized repair shop is unable to fix a defect in a reasonable time or after reasonable attempts, the consumer may be entitled to a refund or vehicle replacement.  If the ABS burned up the vehicle, that too could qualify for a repurchase under the lemon law.

According to California Civil Code § 1793.2(d), the buyback could mean paying off any loan and refunding your down and monthly payments, registration fees, etc., minus an amount based on mileage at the first repair attempt.

In the case of the ABS actuator issue, even if your Nissan or Infiniti vehicle has not been in for repeated repairs as to this particular issue, you may be eligible for relief under the Song-Beverly Act.

This law is designed to protect consumers from being stuck with defective or destroyed vehicles that can’t be properly repaired or that are subject to possible safety hazards.

Residents in other states may have similar claims under their respective state Lemon Laws.

What Should You Do If Your ABS Warning Light Is On?

If your ABS warning light turns on, Nissan advises you to stop driving immediately and park the vehicle outdoors, away from structures and other cars and contact Nissan Roadside Assistance at 1-800-647-7261 to arrange towing to an authorized Nissan dealer for inspection and repairs.

According to Nissan, ignoring the ABS light could result in dangerous electrical shorts and vehicle fires.

Legal Options for Affected Consumers

California consumers should be aware of their rights under the Song-Beverly Act. Here’s how the law may apply:

  1. Warranty Coverage: Under California Civil Code § 1793.2(a)(3), if your vehicle is still under warranty, Nissan must perform necessary repairs to address the ABS actuator defect. This includes inspecting and, if necessary, replacing the faulty actuator at no cost to you. Even if you have not experienced issues with their ABS system, you may still have a claim if they refuse to repair or replace it as part of the existing recall.
  2. Reasonable Repair Attempts:  Even one or two repair attempts can be enough.  If the vehicle was destroyed in a fire, or the recall parts have not been available, you still may have lemon law protection and rights.
  3. Compensation: If your vehicle qualifies as a lemon, you may be entitled to a replacement vehicle or a refund of your purchase price. This refund would include all expenses related to the purchase, minus an allowance for use.
  4. Personal Injury Claims: If the ABS actuator defect led to an accident or fire, resulting in personal injury, you may have grounds to file a personal injury lawsuit. Under California law, you may be able to recover medical expenses, lost wages, and other damages related to the incident.

Next Steps: Speak to a Lawyer

It’s critical to speak with a lawyer about your legal rights, particularly if you have experienced a fire or other ABS problems with your Nissan or Infiniti vehicle.

The Song-Beverly Act offers powerful consumer protections, but navigating the process can be complex. Legal counsel can help you determine whether you are eligible for compensation, a replacement vehicle, or other remedies.

Don’t be concerned about attorney’s fees because the law allows lemon-law attorneys to collect fees from Nissan/Infiniti on top of, and not from, your repurchase refund.

Don’t wait—your rights may be time-sensitive. Contact us today by completing the form below for a free consultation to discuss your options under California’s Lemon Law or other consumer protection laws.