Takata Airbag Class Action Lawsuit

A class action lawsuit has been filed in federal court alleging that Japanese auto supplier Takata Corporation supplied Honda, GM, Toyota, BMW, Chrysler, Ford, Mitsubishi, Nissan, Subaru, and Mazda car manufacturers with potentially defective airbags that may rupture on activation, spraying shrapnel at drivers and passengers. The lawsuit has been brought against Takata, as well as a host of auto manufacturers whose vehicles may contain the potentially defective airbags.

Nearly 8 million vehicles equipped with the airbags have been recalled in parts of the United States. The number of recalled vehicles may continue to rise as reports of injuries and deaths resulting from exploding airbags continue to surface, some as recently as October. To date, the alleged defect has been linked to four deaths and over 140 injuries in the U.S.

According to the New York Times, the recalled airbags allegedly rupture, causing them to explode when activated. The rupturing has been linked to the propellant inside the airbag’s metal inflator, which is intended to burn slowly, causing the airbag to inflate on impact. In extreme circumstances, the allegedly faulty propellant burns aggressively, causing the inflator to explode and shoot metal fragments through the airbag’s fabric at drivers and passengers.

The class action lawsuit follows an investigation into Takata airbags launched by the National Highway Traffic and Safety Administration in June. The NHTSA issued a Consumer Advisory on October 22, 2014, urging owners of potentially affected vehicles to “act immediately on recall notices to replace defective Takata airbags.” According to the Advisory, reports of injuries and death allegedly resulting from Takata airbags date back to early 2013.

According to a New York Times September investigative report, Honda learned of the alleged defect in 2004, when an airbag exploded in a Honda Accord in Alabama. The report states that what Honda deemed an “anomaly” soon mushroomed into a series of recalls, the first of which took place in 2008, when Honda recalled approximately 4,200 vehicles potentially containing defective airbags. The NY Times report also states that incident reports continued to be filed with Honda, and alludes to the fact that questions remain as to how these incidents were in turn reported to the NHTSA and other federal auto regulators. To date, Honda has issued nine recalls concerning the Takata airbags in Honda and Acura vehicles. Of the approximately 8 million vehicles recalled, about 5 million are Honda vehicles.

In connection with its ongoing investigation, the NHTSA has requested that Honda, Ford, Chrysler, BMW, Mitsubishi, Mazda, Nissan, and Toyota participate in voluntary field service actions, or regional recalls. According to correspondence sent to the NHTSA from these automakers, though each has agreed to conduct the field service actions, none have stated that a defect exists in any of the recalled vehicles. The regional recalls require automakers to recall certain model year vehicles registered in Florida, areas near the Gulf of Mexico and Texas, Alabama, Mississippi, Georgia, Louisiana, and Hawaii, as well as Puerto Rico, the Virgin Islands, American Samoa, Guam, and Saipan.

According to the NHTSA, these regions are of particular concern to Takata and the automakers, as high humidity and resulting moisture may damage the ammonium nitrate compounds inside the airbags’ inflators, which may cause them to rupture.  The NY Times reports that Takata has been unable to pinpoint the precise cause of the defect, and that the company has put forth several explanations for the explosions, including poor oversight of manufacturing plants in Mexico and Washington state.

According to the NY Times, with the number of recalled vehicles already at 7.8 million and rising, supply of replacement airbags cannot meet consumers’ demand. The October NY Times article goes on to state that carmakers, unwilling to provide loner cars except in extreme circumstances, are finding solutions that U.S. Senators have deemed “troubling, dangerous,” and potentially illegal. Toyota has taken to disabling airbags in the absence of replacements, and they are advising against using the passenger seat in recalled vehicles altogether, the NY Times reports.

Are you concerned your vehicle may be included among the recalled vehicles? If so, the NHTSA suggests visiting the car manufacturer’s website, using your VIN number to check the NHTSA or the other electronic databases, and responding to any communications directly from the manufacturer.

According to the NHTSA, the following vehicles may be a part of the Takata airbag recalls:

BMW: 627,615 total number of potentially affected vehicles

2000 – 2005 3 Series Sedan

2000 – 2006 3 Series Coupe

2000 – 2005 3 Series Sports Wagon

2000 – 2006 3 Series Convertible

2001 – 2006 M3 Coupe

2001 – 2006 M3 Convertible

Chrysler: 371,309 total number of potentially affected vehicles

2003 – 2008 Dodge Ram 1500

2005 – 2008 Dodge Ram 2500

2006 – 2008 Dodge Ram 3500

2006 – 2008 Dodge Ram 4500

2008 – Dodge Ram 5500

2005 – 2008 Dodge Durango

2005 – 2008 Dodge Dakota

2005 – 2008 Chrysler 300

2007 – 2008 Chrysler Aspen

Ford: 58,669 total number of potentially affected vehicles

2004 – Ranger

2005 – 2006 GT

2005 – 2007 Mustang

General Motors: undetermined total number of potentially affected vehicles

2003 – 2005 Pontiac Vibe

2005 – Saab 9-2X

Honda: 5,051,364 total number of potentially affected vehicles

2001 – 2007 Honda Accord)

2001 – 2002 Honda Accord

2001 – 2005 Honda Civic

2002 – 2006 Honda CR-V

2003 – 2011 Honda Element

2002 – 2004 Honda Odyssey

2003 – 2007 Honda Pilot

2006 – Honda Ridgeline

2003 – 2006 Acura MDX

2002 – 2003 Acura TL/CL

2005 – Acura RL

Mazda: 64,872 total number of potentially affected vehicles

2003 – 2007 Mazda6

2006 – 2007 MazdaSpeed6

2004 – 2008 Mazda RX-8

2004 – 2005 MPV

2004 – B-Series Truck

Mitsubishi: 11,985 total number of potentially affected vehicles

2004 – 2005 Lancer

2006 – 2007 Raider

Nissan: 694,626 total number of potentially affected vehicles

2001 – 2003 Nissan Maxima

2001 – 2004 Nissan Pathfinder

2002 – 2004 Nissan Sentra

2001 – 2004 Infiniti I30/I35

2002 – 2003 Infiniti QX4

2003 – 2005 Infiniti FX35/FX45

Subaru: 17,516 total number of potentially affected vehicles

2003 – 2005 Baja

2003 – 2005 Legacy

2003 – 2005 Outback

2004 – 2005 Impreza

Toyota: 877,000 total number of potentially affected vehicles

2002 – 2005 Lexus SC

2002 – 2005 Toyota Corolla

2003 – 2005 Toyota Corolla Matrix

2002 – 2005 Toyota Sequoia

2003 – 2005 Toyota Tundra

For more information concerning the Takata airbag recalls, contact Chhabra & Gibbs today for a free consultation by going to our website at http://www.cglawms.com  or calling 601-948-8005.