NHTSA Complaint #11231069 — 2017 BMW X1 SAV

AUTOMATIC TAILGATE MALFUNCTIONS. TOE KICK FUNCTIONS RESPOND ERRATICALLY 50% OF THE TIME. THE TAILGATE HAS CLOSED ON MY HEAD WHILE LOADING/UNLOADING. IT HAS OPENED WHILE DRIVING ON THE HIGHWAY. IT HAS OPENED ONLY HALFWAY AND STALLED WHILE STATIONARY, AND MORE IMPORTANT IT HAS STALLED HALFWAY WHILE CLOSING. I RECENTLY PRESSED THE CLOSE BUTTON AND DROVE OFF WITH THE TAILGATE HALF CLOSED, AND DIDN'T REALIZE IT UNTIL SOMEONE BEHIND ME BLEW THE HORN. ITEMS IN THE CARGO AREA COULD TUMBLE TO THE HIGHWAY AND CREATE A POSSIBLE HAZARD. IT HAS BEEN IN THE BMW SERVICE DEPART 6 TO 8 TIMES AND INSPECTED AT LEAST TWICE BY SOMEONE FROM BMW OF N. AMERICA. INASMUCH AS IT IS ERRATIC THEY CLAIM THEY HAVE BEEN UNABLE TO DUPLICATE THE PROBLEM. I CONTEND IT IS AN INCONVENIENCE WHICH SHOULD BE CORRECTED UNDER WARRANTY, BUT MORE IMPORTANTLY IT COULD BE A SAFETY ISSUE. THERE IS EVIDENCE TO BE FOUND ON THE INTERNET OF OTHER OWNERS HAVING SIMILAR ISSUES. I HAVE HAD A SUBDURAL HEMATOMA AND THE TAILGATE CLOSING ON MY HEAD IS NO SMALL CONCERN. BMW REFUSES TO ADMIT THE PROBLEM EXISTS AND HAS SHOWN INDIFFERENCE. THE ISSUE CONTINUES TO PERSIST.