NHTSA Complaint #11523970 — 2023 MAZDA CX-5

The power liftgate on the 2023 Mazda CX-5 SUV closes with sufficient force that the vehicle owner's manual warns of possible serious injury or even death, and cautions the operator to be sure that people or objects are not in the way of closure. However, the actual design of the overall system permits accidental closure by way of the key fob even when the operator is out of sight of the vehicle. This effectively renders the warnings meaningless, and disregards the safety of people or objects that might be in the way. The vehicle electronics/computer system uses dual purpose switches in or on the vehicle to activate the liftgate; if closed, a press of the switch will unlock and open it, and if open, the same switch will close and lock it. The system also provides the same feature with an exposed, raised button on the key fob which can easily be accidentally pressed to activate closure. Who then assumes liability for the possible resulting tragedy? During my first month of ownership (April 2023), I have experienced the liftgate opening by accident at least twice and it obviously could have been both opened and closed numerous times by accident totally without my knowledge. In a similar fashion, I have experienced the susceptibility of the other fob switches to accidental activation; the car has been locked by accident as least once, and the horn accidentally activated at least three times when I have been inside the house while the car is out of sight in the garage and the key fob was in my pocket. I am obviously making the reasonable assumption that accidental pressure on the various fob switches is the cause for activation. The attached PDF document describes in more detail some of the hazards posed by the existing design, and possibly applies to other car makes and models