Many owners of the Nissan Rogue have experienced an unusual gas smell.  Owners may be entitled to compensation or in severe cases, a new vehicle or repurchase.  This page discusses the Class Action filed against Nissan.

1. Class Action Filing

Owners of the Nissan Rogue have filed a class action charging lemon law, breach of warranty and Magnuson-Moss Act violations.

2. Cause of Nissan Gas Smell 

The Nissan Rogues contain a newly designed a 1.5-liter KR15DDT three-cylinder variable-compression turbocharged (VC-Turbo) engine. The complaint states the Nissan Rogue contain one or more defective components within its engine's Positive Crankcase Ventilation (“PCV”) system that allows fuel to seep through porous rubber components resulting in strong gas fumes emanating from the engine compartment area into the vehicles' interior.

3. Complaints to NHTSA

There are multiple complaints about gas smell reported.

A. Online Complaints

On December 20, 2022, a Nissan owner asked on a Rogue website whether other Class Vehicle owners experienced their cabins filling with gas fuel smell and added that when parking in his garage within ten minutes whole garage smelled like gas.  He added that he complained to a Nissan dealership repeatedly of smelling gas to which dealership responded it had numerous other Class Vehicle owners complaining of same defect and that Nissan was investigating but had no fix. Nissan Rogue Forum, www.nissanforums.com/threads/2023-rogue-questions.

Particularly if complaints continue, one can expect the manufacturer to instruct its dealers to adopt a particular position, or even given them a statement to say in response to questions or complaints.

B. Complaints to National Highway Traffic Safety Administration   

Owners have also complained to the federal agency which deals with automobile safety.

NHTSA Complaint No. 11496829, December 9, 2022 (2022 Nissan Rogue):

“My car smells gasoline inside and outside. I brought the car to the service dealer but the service manager said that they cannot figure out where gas odor coming from. I am using my car in bringing my 2 kids to school and going to work. My kids are getting sickand I am afraid my car will cause fire.”

NHTSA Complaint No. 11502157, January 17, 2023 (2022 Nissan Rogue):

“After 9 months of owning this car. When I drive for 20 or so miles and turn the vehicle off for a short period then restart I smell gas and fumes make me sick and my eyes water at times. The dealer found nothing wrong. Nissan corporate got involved after I emailed them. Their engineering tech confirmed it was happening.”

NHTSA Complaint No. 11504489, January 30, 2023 (2022 Nissan Rogue):

“Gas fumes from engine compartment – after the car has been driven 20-30 mins enough to heat up the engine and then parked (turned off) for 10-15 minutes a strong smell of gasoline is detected, you can smell it either by sniffing in the front grill or if you start it and use the outdoor air circulation in the cabin it will come through the vents. There are enough fumes to fill a 1 car garage in 30 mins with a thick odor of gasoline.”

4. Legal Violations 

Persistent and substantial violations may create lemon law issues. Consumers otherwise may be entitled to claim breach of warranty based upon Nissan's failure to fix the vehicle.

Wondering how to address your vehicle's issues? Consider potential claims, such as:

• Breach of Express Warranty Claim: Manufacturers must uphold the promises made in their warranties. If they fail to do so, you may have grounds for this claim.
• Lemon Law Claim: Is your vehicle a constant source of frustration due to defects? Lemon laws provide recourse for consumers in such situations.
• Deceptive Practices Claim: Misleading or deceptive actions by the manufacturer or dealer could entitle you to compensation under deceptive practices laws.
• Magnuson-Moss Act Claim: Federal law safeguards consumers who purchase products with warranties, ensuring fairness and remedies for defects.
• Breach of Implied Warranty Claim: Your vehicle should meet certain expectations of quality and performance, and if it doesn't, you may have a case under this claim.

Call (973) 598-1980 for a Free Consultation to Discuss Your Rights  

Sources

• Nissan Rogue Forum, www.nissanforums.com/threads/2023-rogue-questions.278985/

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