NHTSA Complaint #10986123 — 2016 BMW X1

THE HANDS-FREE MECHANISM/ACTUATOR FOR OPENING AND CLOSING THE TAILGATE (MAKING A KICKING MOTION WITH THE FOOT) ACTIVATES UNINTENTIONALLY WHEN LOADING AND UNLOADING ITEMS FROM THE REAR STORAGE AREA. ON FOUR (4) OCCASIONS WHILE LOADING OR UNLOADING FROM THE REAR STORAGE AREA, THE OPEN TAILGATE DOOR HAS CLOSED (WITHOUT BEING INTENTIONALLY ACTIVATED BY ME) AND COME DOWN ONTO MY HEAD. WHILE THERE IS A BRIEF WARNING SOUND, THE TAILGATE COMES DOWN VERY QUICKLY ON MY HEAD AND DOES NOT STOP WHEN IT MAKES CONTACT WITH MY HEAD. EVEN WHEN I AM JUST STANDING WITH MY FOOT NEAR OR UNDER THE REAR BUMPER THE TAILGATE CLOSES ON MY HEAD WITHOUT ME INITIATING THE DESIGNED TRIGGER MECHANISM (SIMULATED KICKING OF THE FOOT.). THERE ARE NO "USER SETTINGS" AVAILABLE TO DISABLE THIS AUTOMATIC OPERATION. WHILE I AM AN ADULT, A YOUNG CHILD COULD INADVERTENTLY ACTIVATE THE CLOSING OF THE TAILGATE AND THERE HEAD/NECK COULD BE CAUGHT.