Carbon Monoxide Poisoning Lawsuit Claims Hyundai Keyless Ignition System Presents Unreasonable Danger

Lawsuit claims Hyundai has known its “smart” key fobs pose an unreasonable risk of carbon monoxide poisoning for years, yet failed to warn owners.

A wrongful death lawsuit has been filed against Hyundai by the son of a New Hampshire couple, alleging that his parents died from carbon monoxide poisoning after their Hyundai Genesis was left running in the garage, allowing the gas to enter the home.

The complaint (PDF) was brought by David S. Moore, on behalf of David P. Moore and Janice Moore, in the U.S. District Court for the District of New Hampshire on April 1, presenting claims against Hyundai Motor Company, Hyundai Motor America Inc. and Hyundai America Technical Center Inc. as defendants.

The lawsuit alleges that the automaker has know for years that its “smart” key fobs may result in situations where the vehicle is left running, creating a serious risk of carbon monoxide poisoing, which Hyundai has failed to warn consumers about.

Carbon Monoxide Poisoning Risks

Carbon monoxide is a toxic gas that has no smell or color. It can be produced by engines, appliances and heaters. When car engines are improperly vented or left running in enclosed spaces, like attached garages, a buildup of the gas may occur, which is undetectable without a carbon monoxide alarm.

Symptoms of carbon monoxide poisoning include dizziness, nausea, headaches, confusion and fatigue. Exposure to high levels without ventilation can cause a person to lose consciousness, which may result in death by starving the brain and heart of oxygen.

As a result of these concerns, safety officials warn consumers to never leave a car idling in an enclosed garage and never use grills or generators indoors. According to a Consumer Product Safety Commission report, generators are the primary cause of carbon monoxide poisoning deaths in the U.S.

Hyundai Carbon Monoxide Poisoning Lawsuit

David and Janice Moore died from carbon monoxide poisoning in their home in 2024, with investigators determining that the only source of the gas was their 2015 Hyundai Genesis parked in the garage.

According to the lawsuit, the couple parked the vehicle and believed it had been turned off before taking the smart key fob inside. However, because the car lacked an automatic engine shutoff when the fob was removed and did not provide a warning alert, it remained running, allowing carbon monoxide to accumulate inside the home and ultimately cause their deaths.

Moore’s lawsuit claims Hyundai was aware of the danger of the carbon monoxide poisoning risks posed by their vehicles. The company allegedly warns consumers about the dangers of carbon monoxide in certain vehicles’ Owner’s Manuals, calling the gas “toxic” and warning not to idle the engine in a garage because it can cause “unconsciousness and death.”

Additionally, Hyundai Genesis vehicles use a key fob, also known as a smart key fob, to start the vehicles. The fob must be in the vehicle for the user to start the car, but the fob does not have to be in the vehicle for the car to be turned off. More importantly, there is no audible alarm to alert a user that the key fob has been removed and the vehicle is still running.

According to the lawsuit, the safety key fob problem has been known to Hyundai since at least 2011, when the National Highway Traffic Safety Administration (NHTSA) initiated an amendment to a rule on keyless ignition controls, specifically to address the carbon monoxide hazard created by keyless ignitions. 

Moore’s complaint indicates NHTSA has received numerous complaints detailing the problem with Hyundai vehicles and key fobs removed from the vehicles, allowing the cars to remain running and expose users to carbon monoxide.

The lawsuit asserts Hyundai failed to incorporate carbon monoxide safety measures, including warning sounds when the engine remains running and the key fob is removed from the vehicle, in addition to auto engine shut-off features, which many of its competitors have already implemented. Additionally, the complaint argues that despite Hyundai’s stated commitment to customer safety, the company did not issue a recall for the Genesis and failed to warn consumers.

“Despite including an automatic engine shut-off feature for 2023 model year vehicles and beyond, Hyundai failed to warn owners of older Hyundai models that removing the Smart Key from the vehicle does not turn the vehicle off and increases the risk of carbon monoxide poisoning.”

– David S. Moore v.  Hyundai Motor Company et al

Moore presents claims of wrongful death, survival action, liability claims of design defect and failure to warn, negligent design, negligent failure to warn and breach of implied warranty. He is seeking compensatory and punitive damages, as well as damages for mental and physical pain and suffering.

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