Honda Odyssey Tailgate Lawsuit: Should You File a Claim?

If you’re experiencing tailgate issues with your 2018-2021 Honda Odyssey, you may not be alone.

A class action lawsuit has been filed regarding these vehicles, alleging that water leaks through rear body seam seals, causing power tailgate malfunctions.

If you’re wondering whether to file a claim, here’s an overview of the key points to consider:

• Eligibility: Owners or lessees of 2018-2021 Honda Odyssey models who have experienced tailgate malfunctions due to water leaks may be eligible to join the lawsuit.
• Symptoms: Common issues include the tailgate opening or closing unexpectedly, failing to open or close, or even electrical short-circuits.
• Costs: The lawsuit claims that affected owners have faced significant repair expenses, with the water leaks also leading to rust, mold, and a decrease in the vehicle’s overall value.
• Legal Representation: The lawsuit is being managed by experienced law firms such as Nye, Stirling, Hale, Miller & Sweet LLP and Sauder Schelkopf LLC, who can guide you through the process of joining and help you gather necessary documentation.
• Potential Outcomes: If the lawsuit is successful, you could receive compensation for repairs, diminished vehicle value, or other related costs.

If you believe you qualify for the class action, consulting with one of the law firms handling the case can provide personalized advice and help you determine the next steps.

What Are the Honda Odyssey Power Tailgate Problems?

The Honda Odyssey has faced several reported power tailgate issues across various model years. These problems can disrupt the convenience and functionality of the tailgate system.

Below are the most common issues:

• Failure to Open or Close: The tailgate may not respond to commands from the key fob, dashboard button, or the button on the tailgate itself. This issue is often linked to a malfunctioning control module, wiring defects, or a faulty latch.
• Intermittent Operation: Some owners report that the tailgate functions only when the vehicle is on or shortly after it has been turned off. Electrical problems or issues with the tailgate’s power supply could be the culprits.
• Unexpected Automatic Operation: In some cases, the tailgate may open or close on its own, potentially due to a malfunctioning tailgate module or water damage affecting the module’s components.
• Beeping and Error Messages: Owners frequently encounter beeping sounds and error notifications related to the power tailgate. These warnings often point to module malfunctions or the need for repairs.
• Strut Failures: Worn-out struts can cause the tailgate to fail to stay open or close unexpectedly. Replacing the struts is typically required to fix this problem.

If you are experiencing any of these issues, it’s advisable to inspect the fuses, check for corrosion in the wiring, and consult a professional for a comprehensive diagnosis and repair.

Prompt attention can help restore the functionality of your Odyssey’s power tailgate system.

Have There Been Any Honda Odyssey Tailgate Recalls?

While there haven’t been any official recalls specifically addressing tailgate issues in the Honda Odyssey, several Technical Service Bulletins (TSBs) offer diagnostic and repair guidance for related malfunctions.

One such TSB (Service Bulletin 22-018, dated July 19, 2022) outlines procedures for addressing a common power tailgate issue where the tailgate won’t stay open, potentially sagging or closing automatically after being powered open.

The vehicle symptoms usually involve the tailgate slowly sagging or the power tailgate control unit emitting a warning tone before closing the tailgate.

This issue is caused by a damaged right tailgate spring internal damper, which doesn’t provide sufficient pressure to keep the tailgate properly supported.

This TSB specifies replacing the right tailgate spring assembly as the corrective action. The following steps, detailed in the bulletin, must be followed for the repair:

1. Remove various components such as the cargo light, rear roof trim, and rear cargo area trim panel.
2. Disassemble the rear trim panels on the right and left sides, which includes removing the rear side trim from the C-pillar and D-pillar. Special tools may be required for some fasteners.
3. Detach and support the tailgate by using an adjustable floor stand. The tailgate must be lifted and held open to prevent motor or hinge damage during spring assembly removal.
4. Remove the right tailgate spring and replace it with a new one. Follow specific instructions for detaching the tailgate motor and support struts to avoid damage during the process.
5. Reinstall components in the reverse order, making sure to replace any damaged clips or fasteners, such as the upper clip in the C-pillar trim, and ensure all parts are securely reassembled.

Parts Information:

• Power Tailgate Spring Assembly: Part Number 74981-THR-A01
• Trim Pillar Clip: Part Number 91561-TA5-A11

Warranty Information: The repair is covered under the standard warranty, with a labor time of 1.1 hours for replacing the right tailgate spring assembly. If you’re experiencing these tailgate issues, we highly recommend discussing this TSB with your Honda dealer. They can assist in confirming if the TSB applies to your vehicle and provide the necessary repairs to resolve the issue.

When to Consider a Class Action Lawsuit

Deciding whether to join a class action lawsuit can be a pivotal choice.

For owners of 2019 or older Honda Odyssey models facing Powergate issues, here are several factors to consider when determining if a class action is the right path:

1. Commonality of Claims: If you and many others have encountered similar problems with the Powergate feature, a class action lawsuit might be appropriate. This is often the case when a widespread defect affects multiple consumers in the same way.
2. Strength in Numbers: By participating in a class action, you can combine your resources with others, helping to cover legal fees and making it easier to challenge large corporations. This collective effort can increase the likelihood of a favorable outcome for all involved.
3. Efficiency: A class action consolidates multiple similar claims into one lawsuit, reducing the need for individual cases. This can expedite the legal process and minimize court congestion, benefiting everyone involved.
4. Potential Compensation: While individual settlements in class action cases may be smaller than what you might receive from an individual lawsuit, they can still provide meaningful compensation for the damages caused by the Powergate issue.
5. Expert Legal Representation: Class actions are typically managed by law firms with experience in handling such complex cases. These firms have the resources and expertise to effectively navigate the litigation process on behalf of all members.
6. Notification and Participation: If a class action is initiated, potential members will usually be notified and given the option to join or opt-out. If you choose to join, you’ll be bound by the final decision, whether it’s a settlement or a court ruling.

If you believe your Honda Odyssey has a valid claim related to Powergate issues and meets the criteria for a class action, consulting with an attorney who specializes in class action lawsuits can offer valuable insight and help you make an informed decision.

When to File a Lemon Law Claim

If you’re dealing with persistent defects in your 2020 or newer Honda Odyssey, filing a Lemon Law claim may be necessary.

Here are key considerations to help you determine if it’s time to take action:

1. Repeated Repairs: If your Honda Odyssey has been in the shop multiple times for the same issue and the problem continues to occur, it could qualify as a lemon. Most states set a “reasonable number” of repair attempts, usually defined as three or four tries, before you can pursue a claim.
2. Significant Defects: The defect must significantly impair the use, value, or safety of the vehicle. Minor issues typically don’t qualify under Lemon Laws, so it’s important to assess whether the problem is serious enough to disrupt your driving experience.
3. Time and Mileage Limits: Lemon Laws typically apply within a certain time frame or mileage limit—commonly within the first 12 to 24 months or 12,000 to 24,000 miles of ownership. Make sure to check your state’s specific requirements to ensure you’re within the eligibility window.
4. Documentation: Keeping detailed records is essential. Document all repair attempts, including dates, descriptions of the issue, and any correspondence with the dealer or manufacturer. This information will be crucial when building your claim.
5. Manufacturer’s Response: Before filing a Lemon Law claim, you must give the manufacturer a reasonable opportunity to fix the issue. If they fail to resolve the problem after a sufficient number of attempts, you can move forward with filing a claim.
6. Legal Assistance: Consulting with an attorney who specializes in Lemon Law can help you navigate the claims process. They can assist in gathering necessary documentation, advising on your specific situation, and representing you in negotiations or court if needed.

If your Honda Odyssey qualifies for a Lemon Law claim, you may be entitled to compensation for damages and related costs.

Depending on your situation, filing an individual Lemon Law claim may also be more beneficial. Below is an approximation of average settlements for affected Honda Odyssey models:

Affected Vehicle	Average Lemon Law Settlement
2020 Honda Odyssey	$70,523
2021 Honda Odyssey	$70,103
2022 Honda Odyssey	$72,236
2023 Honda Odyssey	$76,458
2024 Honda Odyssey	$77,928

*Please note, the figures presented in the chart are approximations based on past case results and should not be interpreted as a prediction or guarantee. Each case is unique and requires personalized legal guidance.

Connect with the Lemon Law Experts for Assistance!

If you’re facing ongoing tailgate issues with your Honda Odyssey and haven’t received satisfactory resolution from your dealership or the manufacturer, it may be time to explore your legal options.

An experienced Lemon Law attorney can help you determine whether to join a class action lawsuit or pursue an individual claim to seek a replacement vehicle or a refund.

At the Lemon Law Experts, we are committed to securing the best possible outcomes for clients dealing with automotive defects.

Since 2009, we’ve been helping individuals understand their legal rights and work towards effective solutions for various vehicle problems.

With a proven track record in handling cases involving automotive defects, including issues specific to the Honda Odyssey, our team is here to assist you.

Contact us today to discuss how we can help resolve the tailgate problems with your Honda Odyssey.