NHTSA Complaint #10567287 — 1997 BMW 328I

THE LOCKING DEVICE ON A 1997 BMW 328I INTERMITTENTLY MAKES IT IMPOSSIBLE FOR OCCUPANTS TO EXIT THE VEHICLE IF IT IS LOCKED WHILE OCCUPIED. THIS IS A SAFETY RISK, WHICH CREATES A HIGH DANGER AND SEVERITY OF RISK OF INJURY OR DEATH TO CONSUMERS AND/OR USERS OF THE VEHICLE IF AN OCCUPANT STAYS IN A VEHICLE THAT IS LOCKED. DESPITE KNOWLEDGE OF THIS SAFETY RISK, BMW FAILED TO CORRECT THIS DEFECT AND ADVISE OR WARN PURCHASERS OR POTENTIAL USERS, INCLUDING THE PURCHASERS, OWNERS AND/OR USERS OF THE SUBJECT 1997 BMW 328I, BY PROVIDING ADEQUATE WARNINGS AND/OR NOTICES OF THE SEVERE RISK OF INJURY OR DEATH IF AN OCCUPANT STAYS IN A VEHICLE THAT IS LOCKED. ON OR ABOUT SEPTEMBER 11, 2013, A HOT AND SUNNY DAY, A FEMALE YOUTH WHO WAS AN OCCUPANT OF A 1997 BMW 328I, BECAME TRAPPED IN THE SUBJECT 1997 BMW 328I THAT WAS LOCKED. IT WAS IMPOSSIBLE FOR THE YOUTH TO EXIT THE VEHICLE, AND SHE ULTIMATELY SUCCUMBED TO HEAT STROKE AND DIED WHILE TRAPPED IN THE VEHICLE.