NHTSA Complaint #10313585 — 2009 MINI JCW

DEFECTIVE DESIGN OF TWO DEFLECTORS (UNDER THE VEHICLE'S FRONT BUMPER ' ONE ON EACH SIDE OF THE CAR) APPARENTLY DESIGNED TO FLEX WHEN, AS A RESULT OF THE VEHICLE'S LOW GROUND CLEARANCE, SUCH DEFLECTORS CONTACT THE GROUND DURING NORMAL OPERATION OF THE VEHICLE (E.G., ON DRIVEWAY APRONS, SPEED BUMPS, ETC.). INSTEAD OF FLEXING, THE DEFLECTORS REPEATEDLY FAIL AS A RESULT OF THEIR DEFECTIVE DESIGN. THE DEFLECTORS ARE OBVIOUSLY DESIGNED TO BE FLEXIBLE BY FUSING HARD RUBBER TO HARD PLASTIC. HOWEVER, INSTEAD OF FLEXING, THE DEFLECTORS FAIL AT THE SEAM WHERE THE HARD RUBBER IS FUSED TO THE HARD PLASTIC. MINI HAS REPLACED ONE SET OF DEFECTIVE DEFLECTORS, WHICH PROMPTLY FAILED WITHIN WEEKS UNDER NORMAL OPERATION OF THE VEHICLE. MINI REFUSES TO REPLACE THE DEFECTIVE DEFLECTORS. BMW NORTH AMERICA, LLC REPEATEDLY REFUSES TO RESPOND TO INQUIRIES REGARDING WHETHER THE VEHICLE IS SAFE TO OPERATE WITHOUT THE DEFLECTORS IN PLACE. SUCH REPEATED REFUSAL BY BMW NORTH AMERICA, LLC IMPLIES THAT THE VEHICLE IS INDEED NOT SAFE TO OPERATE WITHOUT THE DEFLECTORS IN PLACE. BMW NORTH AMERICA, LLC REFUSES TO ADMIT THAT THE DEFLECTORS ARE DEFECTIVELY DESIGNED, CITING 'OUTSIDE INFLUENCES' (WITHOUT EXPLANATION AS TO WHAT IS MEANT THEREBY) AS THE CAUSE OF THE REPEATED FAILURE OF THE DEFLECTORS. THE FUSING OF HARD RUBBER TO HARD PLASTIC ON A PART SUCH AS THE DEFLECTORS WHICH ARE TO BE FASTENED TO A CAR WITH SUCH A LOW GROUND CLEARANCE REPRESENTS A DESIGN SPECIFICALLY MEANT TO BE FLEXIBLE IN RESPONSE TO 'OUTSIDE INFLUENCES,' AND WHEN SUCH PART FAILS AT THE SEAM OF THE TWO DIFFERING SUBSTANCES, THE DESIGN IS CLEARLY DEFECTIVE. IN ADDITION, THE VEHICLE EXHIBITS EXCESSIVE BRAKE DUST AND A LOUD SQUEALING NOISE FROM THE FRONT BRAKES UNDER CERTAIN CONDITIONS, POSSIBLY CAUSED BY THE DEFECTIVE DESIGN OF THE DEFLECTORS AND POTENTIALLY CREATING A SIGNIFICANT SAFETY ISSUE. I HAVE RETAINED THE HARD RUBBER AND HARD PLASTIC PIECES OF THE DEFECTIVELY DESIGNED DEFLECTORS FOR INSPECTION. *TR