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Takata Airbag Recall

Takata Airbag Recall

Nearly 6 million General Motors vehicles with defective Takata airbag inflators are being recalled, the latest step in a massive product failure that is far from resolved. 

Other manufacturers are likely to add to the list of 63 million recalled airbags. And with used car dealers still selling vehicles with the recalled airbags, the injuries continue as well.

A driver in Mesa, Ariz., for instance, died after an Aug. 20 crash in a Honda Civic after the airbag ruptured. The now-bankrupt Takata sold the faulty equipment to many car makers. The ammonium-nitrate based propellant in the airbags can deteriorate over time or because of heat and humidity, causing the bags to send shrapnel-like fragments throughout the car when the airbags deploy, such as after a crash.

GM resisted the latest recall for four years, but the National Highway Traffic Safety Administration turned back the carmaker’s argument that the cars were not a riskand on Nov. 20 gave GM 30 days to come up with a plan to notify vehicle owners and replace the inflators.

The new recall covers SUVs and pickups from model years 2007-2014.

It should have been done sooner,” said Frank Melton of Newsome MeltonIt’s going to happen with more frequency with more manufacturers.

Melton said the GM recall is just one example of what is to come. The initial Takata recalls featured older cars, but the faulty part was used until 2015, so many later-model vehicles will be subject to recall as they age and the risk of explosion increases.

And many cars that already have been recalled still do not have safer replacement parts installed yet. In the August Arizona crash, Honda claims it sent 15 letters to the owner about the recall. and had left a notice on the owner’s door.  The driver who died was not the registered owner.

Melton said too often, cars with the defective airbags are resold to unsuspecting buyers. He recently settled a case for a pregnant South Florida woman who was driving her boyfriend’s Ford Mustang when she was hit by another car. The airbag sent shrapnel flying, slicing her abdomen but her fetus survived. The defendants had argued that the car was sold “as is” by a dealer and that Florida law doesn’t require sellers to disclose pending recalls.

“They should at least warn you, so you can have it fixed,” Melton said. Melton argued that consumers should be able to expect a car is free from obvious defects like a recalled part. A federal judge decided there was a possibility under Florida law that the “as is” defense would not cover a patent defect. The lawsuit against Ford and the car dealer has since been settled.

Melton said attorneys should keep an eye out for cases since more consumers may face injuries. And drivers should check the NHTSA website or Newsome Melton’s listing using their car’s VIN to see whether their airbags have been recalled. Anyone buying a used car should also check whether it has the faulty part, instead of relying on a dealer to tell them about it. 

“Their [dealers’] sole goal is to sell the cars and move them off their lots. They’re not concerned with the purchasers’ safety,” Melton said.

If you have questions about this topic or need assistance filing an airbag claim, Newsome Melton can help. Contact us at  1-888-380-2809.

Rollaway: The Safety Problem that Doesn’t Go Away

Rollaway: The Safety Problem that Doesn’t Go Away

On August 1, 2013, Jose Banderas pulled into his driveway after church, placed his 2009 Dodge Caravan in Park, and exited with the engine running, so his wife could listen to the radio. He walked to the rear of the van, opened the lift gate to remove his walker and other items. But the Caravan […]

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Multistate Reaches Settlement with Takata Over Defective Airbags

Multistate Reaches Settlement with Takata Over Defective Airbags

Hawaii, Mexico, and the U.S. Virgin Islands announced in May 2018 that they have settled claims against Takata Corp. for $7 million for endangering their citizens with airbags Takata knew were unsafe. They join 44 other states and the District of Columbia, which settled with Takata in February 2018 for $650 million. Together with the […]

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GM Files 3rd Request to Avoid Takata Airbag Recalls

GM Files 3rd Request to Avoid Takata Airbag Recalls

General Motors (GM) has now filed three petitions to the National Highway Traffic Safety Administration (NHTSA) requesting a recall exemption for nearly two million of its 2007 to 2013 model vehicles with Takata airbags, which have been linked to at least 23 deaths worldwide, including 15 in the U.S. Takata, NHTSA, and other automakers have […]

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7th Person Dies from Takata Airbag in Malaysia

7th Person Dies from Takata Airbag in Malaysia

Takata airbags, which carry a risk of overpressurizing and exploding if the volatile ammonium nitrate inside is exposed to moisture and heat cycles over time, have so far been responsible for 23 driver deaths worldwide, with more expected. Seven of the fatalities occurred in Malaysia and all involved Honda’s 2003 to 2009 City model – […]

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URGENT: Takata Recall Update

URGENT: Takata Recall Update

Federal safety regulators announced more than 300,000 Hondas and Acuras should not be driven until their Takata airbags are replaced.

The National Highway Traffic Safety Administration (NHTSA) said new tests show these airbags have a much higher risk of exploding and killing a driver or passenger. These airbags have a 50% chance of exploding when they are deployed in an accident, according to the agency. Other Takata airbags have less than a 1% chance of exploding.

Cars located in humid regions of the country such as Texas, Florida and the Gulf Coast are at particular risk.

The models identified by NHTSA include: 2001-2002 Honda Civic, 2001-2002 Honda Accord, 2002-2003 Acura TL, 2002 Honda CR-V, 2002 Honda Odyssey, 2003 Acura CL, 2003 Honda Pilot.

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The Takata Airbag Defect: What Florida’s Consumer Advocates Need to Know. – William C. Ourand, Esq.

The Takata Airbag Defect: What Florida’s Consumer Advocates Need to Know. – William C. Ourand, Esq.

Florida is the “epicenter” of the Takata airbag debacle which has resulted in the largest automotive recall in U.S. history. Unfortunately, all signs indicate that the severe injuries and deaths will continue into the foreseeable future. The roadways remain flooded with millions of vehicles which may still be equipped with the potentially lethal airbags. Moreover, […]

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BMW Vehicles Now Linked To Massive Airbag Recall

BMW Vehicles Now Linked To Massive Airbag Recall

Last week, some of the world’s largest automobile manufacturers announced a collective recall of more than 3 million vehicles because of a problem that focuses on widely and commonly used airbags that have been linked to the Japan-based Takata Corporation. The problem is that these airbags may potentially deploy with too much pressure and fire shrapnel outward into the driver’s body.

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