BMW defect alleged in $450K Winnipeg fire

A damagingblazeat the service department of a Winnipeg car dealership has sparked allegations that a design defect in a luxury SUV makes them prone to suddenly catching fire.

A car dealer at the Pointe West Auto Park on Portage Avenue is suing German automaker BMW and its Canadian subsidiary for more than $450,000 after a fire tore through the service bay of the dealership on the night of Feb. 4, 2009.

Birchwood BMW alleges a defect in a 2005X5-model SUV triggered the blaze, which also damaged a number of other vehicles inthe shop at the time. The allegations are contained in a civil claim filed by Birchwood in Manitoba's Court of Queen's Bench.

"The fire was caused by a manufacturing defect or malfunction in the power supply connection to the radiator fan motor, which causes one or more electrical connections in the radiator fan assembly to short out and ignite surrounding components," Birchwood's claim states.

BMW was duty-bound to provide vehicles to the dealership that were "safe to use and store," and not liable to self-ignite, the claim states. Birchwood also alleges BMWwas awarethe problem existed with the X5 model, but failed to issue a recall.

None of the allegations has been proven in court, and a statement of defence has not been filed. A spokesperson for BMW Canada said she couldn't discuss the matter due to the ongoing court process.

Court documents said the X5 that caught fire was in for a diagnostic repair and had been parked inside for the night. At some point, it "self-ignited" and the fire spread through the engine and into the dealership's service area.

2001 recall

Manitoba Public Insurance is joining in the lawsuit, hoping to recoup from BMW more than $32,000. That's the cost, MPI says, of repairing and cleaning vehicles also damaged in the fire, according to court documents.

In 2001, Transport Canada listed the X5 and three other BMW models in a recall relating to fires potentiallybreaking outin the engine compartment.

"Failure of the fan motor can cause the electrical circuitry of the fan control unit to overload and fail, causing the fan to stop operating," the recall notice said.

"If this were to occur, engine overheating and subsequent engine damage could result. In addition, it is possible for the failure of the electrical circuitry to cause a fire in the fan control unit located in the front of the engine compartment."

Dealers were replacing the fan as part of the recall.

Transport Canada has only issued one recall notice for the 2005 model of BMW's X5. The recall concerned a brake line support bracket.