Ferrari is being sued in the United States by drivers who say the Italian luxury sports car maker failed to repair vehicles that were at risk of partial or complete loss of brake function.
A proposed class action lawsuit filed in San Diego federal court on Monday says the 2021 and 2022 recalls to address brake fluid leaks are only interim measures and will prevent Ferrari from restocking thousands of cars with defective brakes. This made it possible to continue selling machines.
The complaint states that if a leak is found, the only solution is to replace the defective master cylinder.
“Ferrari was legally obligated to disclose the brake defect as a known safety defect and failed to do so,” the suit states, seeking unspecified damages from the driver.
Ferrari did not specifically mention the lawsuit in a statement on Tuesday, but said the safety and health of its drivers was its “top priority.”
“We operate according to strict safety and security guidelines to ensure that our vehicles comply with homologation specifications at all times,” Ferrari added.
The lawsuit is led by Ilya Nechev of San Marcos, California, who purchased a 2010 Ferrari 458 Italia in 2020.
Nechev said his Ferrari’s brakes had “almost caused me a few accidents”, but the dealer had told him the brakes were “normal” and that it would just take “getting used to it”.
He said he would not have bought his Ferrari if he had known of the problem.
Ferrari has announced a brake recall in several countries, including the United States and China, starting in October 2021.
The U.S. recall affected a number of Ferrari models, including versions of the 458 and 488 that were produced over nearly two decades.
Ferrari and the German supplier of the alleged defective part, Robert Bosch, said the problem was caused by the brake reservoir fluid cap not being properly vented, which could create a vacuum inside the fluid reservoir. He said there is a possibility.
Bosch is also a defendant.
He did not respond to requests for comment Tuesday.
Five law firms representing Mr. Nechev did not immediately respond to requests for further comment.
The case is Nechev v. Ferrari North America Inc et al, U.S. District Court for the Southern District of California, No. 24-00516.
