Consumer Protection Law
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In order to hold BMW liable for the defect you need to have some expert examine the car to try to determine how the water is getting in. It is not that BMW will not repair in these cases, but they need to see it was from their defect. You have a start in that numerous other people are complaining about the same issue. Your next step is to get a qualified mechanic to look at it to try to determine exactly what the defect is, because if it comes to suing BMW, you would need to present evidence to the court of specifically what the manufacturing or design defect is that makes it BMW liability under the product liability law.
While you are doing that, you need to write a letter to BMW and inform them this is a reported issue by many Series 5 owners and tell them you insist the fix the problem and your car or your next step is to the National Highway Safety Administration asking for an investigation and a recall, as the car stopping on the highway is a serious danger. If they refuse still, then you need to file your complaint and you also need to have your case ready and file suit in court against them for product liability and present your evidence in court to hold them liable for the damages.