Our law firm is currently investigating possible class action and single party claims against Takata the manufacturers of defective and recalled air bags
. According to investigators from the NHTSA
Takata Corporation has been manufacturing and selling faulty airbags to various auto manufacturers since 2001. Automakers who have used such airbags include the following..
- Honda – including the Accord, Element, Pilot, Odyssey, and Civic.
- Infiniti – including the I35, FX45, and FX35.
- Lexus – SC430.
- Mitsubishi – including the Lancer.
- Pontiac – Vibe model.
- SAAB – 9-2X.
- Subaru – including the Outback, Impreza, Legacy and Baja.
- Toyota – including the Sequoia, Corolla, Tundra, and Corolla Matrix.
- Acura – including MDX, TL, CS, and RL model.
- BMW – including the 325XI, 330CI, 330XI,
In total over 4.5 million vehicles will have to be recalled. In due course Toyota has recalled over 247,000 of its vehicles. The main issues with the airbags in a unstable faulty propellant which can explode sending metal shrapnel into drivers and passengers alike. According to investigators the defect has resulted in more than 100 deaths and possibly hundreds of injuries.
Filing a Class Action Lawsuit Against Takata
Class action lawsuit take place when there are a large number of victims with identical or nearly identical claims against an at fault party. There are several elements which need to shown in order to certify a class action lawsuit.
(1) Numerosity: Presence of a large number of victim.
(2) Commonality: The victims of the defective product have an identical or nearly identical legal or factual cause of action against the at fault party.
(3) Adequacy: The class representative is able to adequately represent the interest of the other class members.
(4) Typicality: The claim of the class representative is typical of the claims of the other class members.
Defective Product Claims – Wining Your Case in the Court of Law
Generally there are three ways to prove the existence of a defect in a product. (1) Defect in its original design. (2) Defect in the manufacturing process of the consumer product. (3) Defect in labeling – failure to properly warn consumers of all known dangers associated with the use of the product.
Compensation Available for Victims of Takata Airbag Defects Resulting in Injury: Individuals who have suffered harm due to a defective airbag are entitled to compensation for all harms suffered. A calculation of the amount of compensation available is predicated on several significant factors. A brief list of some of the most important factors in determining the value of any personal injury lawsuit is provided here.
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- The extent and severity of the injuries suffered.
- Cost of current and future medical and rehabilitation care.
- Extent and severity of the pain and suffering of the victim.
- Future long term injury or disability resulting in a reduction of future income capacity.
- Loss of income as a result injuries suffered.
- Availability of punitive damages: Punitive damages are awarded when the at fault party acted with either the intent to cause harm or with malice disregard for the life and health of consumers.
: If you have any further legal questions feel free to contact our law offices. All legal consultations are provide by our attorneys free of charge.
Statute of Limitations Takata Airbag Lawsuits