Cases

Takata Exploding Airbags

If your vehicle is one of the millions impacted by the recall of Takata airbags, you were likely shocked to learn that you were—or still are—driving around with a very dangerous airbag that could seriously injure you or your passengers. One in eight Americans drives a vehicle with a potentially defective airbag, and one in five drivers world-wide drive a vehicle with a potentially defective airbag. These defects have allegedly caused at least 23 deaths and more than 250 injuries worldwide. Takata airbags are still being used for replacements and in new vehicles, despite being the source of the largest consumer product recall in U.S. history with roughly 70 million vehicles recalled throughout the nation, and nearly 100 million worldwide.

May 30, 2018

Case Update:  TAKATA AIRBAG INDIVIDUAL RESTITUTION FUND NOW ACCEPTING CLAIMS

A trust established for current and future personal injury victims harmed by Takata airbags began accepting claims May 30, 2018. Claim forms are available on the Individual Restitution Fund website and claimants are welcome to fill out and submit the forms on their own. For cases involving complicated injuries, claimants may consider consulting an attorney prior to submitting the form. Read more.

Motley Rice is representing people who were seriously injured in an accident involving a vehicle recalled for the Takata airbag defect. Review our list of recalled vehicles. To see if your specific vehicle is included in the recall, visit the NHTSA website and enter your VIN.

Takata Catastrophic Injury Claims

If you or someone you love has been seriously injured in an accident involving a recalled vehicle and you believe that those injuries were caused by a defective Takata airbag, you may have legal rights. Please contact Motley Rice attorney Kevin Dean by e-mail or at 1.800.768.4026 for more information.

Motley Rice Takata airbag test shows what happens when a defective airbag is deployed:

Personal Injuries

Violent and overly aggressive Takata airbag deployments, ruptures and explosions may cause motorists and passengers to suffer severe injuries, and possibly death. Injuries may include:

  • Arm breaks above the wrists
  • Excessive black eyes
  • Neck damage or break
  • Brain injury or concussion
  • Compound fractures
  • Burns
  • Facial or cranial fractures
  • Rib, sternum and/or clavicle fractures
  • Spinal fractures
  • Serious cuts or avulsions
  • Injuries related to metal shrapnel
  • Permanent scarring
  • Hearing damage or loss
  • Vision damage or loss
  • Vocal damage or loss

Our Experience and Leadership in the Takata Airbag Lawsuits

Motley Rice vehicle defect attorney Kevin Dean has been reviewing and studying the issues involved with defective Takata airbags since he filed a wrongful death action in November 2014. Dean and his forensic team have investigated more than 100 cases.

In 2015, we, along with co-counsel, reached a confidential settlement for Law Suk Leh, a Malaysian woman, and her unborn baby, Elsa Mia Law Caido, who were allegedly killed by the violent explosion of metal shrapnel expelled from a Takata airbag in a car that had not been recalled. Leh was 42-years-old and nearly nine months pregnant at the time of the crash that happened on July 27, 2014, in Sibu, Sarawak, East Malaysia while driving her 2003 Honda City Car. Upon impact, metal shrapnel flew out of the airbag and caused a severe puncture wound in her neck leading to Law’s death. Her baby, Elsa Mia Law Caido, was delivered, but passed away days later.

In 2016, we reached a confidential settlement in the case of a woman, who allegedly suffered permanent vocal cord damage when shrapnel from a Takata airbag cut her throat during an accident involving her 2003 Honda Civic. (Prior results do not guarantee a similar outcome.)

Having experience in other vehicle defect cases and intensely studying defective airbags, Kevin Dean is frequently a resource for media reporting on the issue, including CBS Evening News. Watch Kevin’s interview with CBS Evening News about the Takata recalls:

Largest Auto Recall in U.S. History

On May 19, 2015, the U.S. Department of Transportation (DOT) and its National Highway Traffic Safety Administration (NHTSA) announced that Takata Corp., had acknowledged a defect in Takata airbags installed in nearly 34 million vehicles manufactured by 11 different automakers. NHTSA researchers stated at the time it was not only the largest U.S. auto recall in history, but possibly the largest in all of U.S. consumer product recalls. DOT Secretary Anthony Foxx said this was "the most complex consumer safety recall in U.S. history.” Read More.

Takata Restitution Fund Established for Injured People

On Jan. 13, 2017, the U.S. Department of Justice announced that Takata agreed to plead guilty to a single felony count of wire fraud and pay $1 billion in criminal penalties, roughly $125 million of which was set aside to form an Individual Restitution Fund to compensate consumers who suffered or will suffer personal injuries. Special Master Eric D. Green will oversee the fund.  

Takata Bankruptcy

Takata Corp. filed for Chapter 11 bankruptcy in June 2017, claiming that a restructuring of the company’s assets was needed to appease creditors. The filing came months after Takata agreed to pay a myriad of fees, including roughly $1 billion to the U.S. in criminal penalties, related to the mass recall of its defective airbags. In a hearing June 27, 2017, Motley Rice asked the Court to consider forming a committee to protect plaintiffs’ interests throughout the bankruptcy proceedings. Read more on the request.

On July 6, 2017, three personal injury plaintiffs represented by Motley Rice and co-counsel were selected to join a seven-member Tort Creditors’ Committee comprised of personal injury and economic loss claimants harmed by Takata Corp. The committee served as a mouthpiece for similarly situated claimants across the country, and aimed to advocate for their concerns throughout Takata’s bankruptcy proceedings. Read more on the Tort Creditors’ Committee.

In February 2018, the U.S. Bankruptcy Court for the District of Delaware approved a pair of bankruptcy resolutions reached between Takata and creditors. Motley Rice helped negotiate the resolutions and secure funds for current claimants and potential future personal injury and wrongful death victims.  The resolutions include a trust for personal injury victims, valued between $90 and $137 million, and a channeling agreement that allows for future claims. The first resolution is with TK Holdings, Inc., the U.S. division of Takata, and the other with Original Equipment Manufacturer (OEM) Honda North America, Inc. By engaging in negotiations through the Tort Creditors’ Committee that was established at the onset of the bankruptcy process, victims, including some represented by Motley Rice, were able to secure resolutions that were more favorable for plaintiffs than those initially proposed by Takata and the OEMs. Read more.

For updates on Takata’s Bankruptcy, visit, https://restructuring.primeclerk.com/takata/.

Background on Takata Airbag Defects

On high alert due to GM’s unprecedented series of recalls that kicked off in 2014, NHTSA issued a consumer advisory to all potentially impacted vehicle owners on Oct. 22, 2014.

The advisory urged owners in humid climates such as Florida, South Carolina, Puerto Rico and areas along the Gulf of Mexico to act immediately as the defect may be related to prolonged exposure to hot, humid environments. Honda, in particular, expanded its recall on Nov. 6, 2014, to include all high humidity states in which the recalled cars were ever sold or registered, including: Alabama, Florida, Georgia, Hawaii, Louisiana, Mississippi, South Carolina, Texas, Puerto Rico, U.S. Virgin Islands, Saipan, Guam, and American Samoa. However, many called for the immediate recall of all vehicles equipped with Takata airbags.

On April 16, 2015, Nissan expanded its recall of Nissan Sentras to include 45,000 more cars with model years 2004 to 2006 located in certain areas of high humidity along the U.S. Gulf Coast. Nissan issued this expansion after learning of a 20-year-old L.A. woman injured by flying shrapnel ejected from a Takata airbag in a previously unrecalled 2006 Nissan Sentra. Motley Rice attorney Kevin Dean filed a personal injury suit against Takata on her behalf.

On Nov. 3, 2015, U.S. DOT imposed the largest civil penalty in NHTSA’s history on Takata. Of that $200 million fine, $70 million was due immediately, and the remaining $130 million would become due if the airbag company failed to follow orders issued by NHTSA, including the appointment of an independent safety monitor. NHTSA also ordered to phase out the production and sales of airbag inflators that use ammonium nitrate propellant.

On May 4, 2016, NHTSA announced an expanded recall of 40 million faulty airbag inflators, in addition to the 28.8 million inflators already recalled, increasing the number of vehicles recalled in the U.S to roughly 70 million. An estimated 100 million vehicles have been recalled worldwide. The phases of the recall are planned to take place between May 2016 and December 2019.

Reports released in June and July 2016 by the U.S. Senate Committee on Commerce, Science, and Transportation revealed that seven manufacturers —Fiat Chrysler, Mitsubishi, Toyota, Volkswagen, Ferrari, Daimler Vans, and Mercedes-Benz— are still installing the Takata airbags in new vehicles, even though they are scheduled to be recalled by the end of 2018. The reports also revealed that the percentage of defective vehicles that had been repaired remained “unacceptably low.” Completion rates ranged from .04 to 39.5 percent, according to data provided by 11 automakers in March 2016, the report stated.

In June 2016, NHTSA urged owners of certain 2001-2003 Honda and Acura vehicles to immediately repair or cease driving these automobiles after new data concludes they have a 50 percent chance of rupture if involved in a crash. See the list of recalled vehicles below.

Vehicles Recalled for Takata Airbag Defects

The following vehicles have been recalled for potentially defective Takata airbags, with an emphasis on cars purchased or regularly used in high-humidity states. To check if your specific vehicle is included in the recall, visit NHTSA’s website and enter your VIN.


ACURA
Model Model Year
CL 2003
ILX 2013-16
ILX Hybrid 2013-14
MDX 2003-06
RDX 2007-16
RL 2005-12
TL 2009-14
TSX 2009-14
TSX Sportswagon 2011-12
ZDX 2010-13
Audi
Model Model Year
A3 2005-13
A4 2004-09
A4 Cabriolet 2007-09
A5 Cabriolet 2010-12
A6 2005-11
Q5 2009-12
R8 2017
RS 4 2007-08
S4 2005-09
S5 Cabriolet 2010-12
S6 2007-11
TT 2016-17
BMW
Model Model Year
1 Series M 2008-13
128I 2008-13
135I 2008-13
320 2000-02
323 2000-02
323I 2000
325 2000-02, 2006-12
325CI 2002-06
325I 2001-06
325IT 2002-03
325XI 2001-05
325XIT 2002-03
328 2006-13
328I 2000
330 2000-02, 2006-11
330CI 2002-06
330I 2001-06
330XI 2001-05
335 2006-13
525 2001-02
525I 2002-03
530 2001-02
530I 2002-03
540 2001-02
540I 2002-03
M3 2000-13
M5 2001-03
X1 SAV 2013-15
X3 SAV 2007-10
X5 2001-03, 2007-12
X5 SAV 2007-13
X6 2008-12
X6 Activehybrid 2010-11
X6 SAC 2008-14
CADILLAC
Model Model Year
Escalade - includes ESV and EXT 2007-14
CHEVROLET
Model Model Year
Avalanche 2007-13
Silverado - HD and LD 2007-14
Suburban 2007-14
Tahoe 2007-14
CHRYSLER
Model Model Year
300 2005-15
Aspen 2007-09
Crossfire 2007-08
DAIMLER TRUCKS NORTH AMERICA
Model Model Year
Sterling Bullet 2008-1
DAIMLER VANS USA
Model Model Year
Dodge Sprinter 2007-09
Freightliner Sprinter 2007-17
Mercedes-Bens Sprinter 2010-17
DODGE/RAM
Model Model Year
Challenger 2008-10
Charger 2006-10
Dakota 2005-11
Durango 2004-09
Magnum 2005-08
Ram 1500/2500/3500 Pickup 2003-08
Ram 2500 Pickup 2005-09
Ram 3500 Cab Chassis 2007-10
Ram 3500 Pickup 2006-09
Ram 4500/5500 Cab Chassis 2008-10
FERRARI
Model Model Year
458 Italia 2010-15
458 Speciale 2014-15
458 Speciale A 2015
458 Spider 2012-15
488 GTB 2016-17
488 Spider 2016-17
California 2009-14
California T 2015-17
F12 2013-17
F12 tdf 2016-17
F60 2016
FF 2012-16
GTC4 Lusso 2017
FISKER
Model Model Year
Karma 2012
FORD
Model Model Year
Edge 2007-10
Fusion 2006-12
GT 2005-06
Mustang 2005-14
Ranger 2004-11
GMC
Model Model Year
Sierra - HD and LD 2007-11
Yukon 2007-14
Yukon XL 2007-14
HONDA
Model Model Year
Accord 2001-12
Civic 2001-11
Civic Hybrid 2003-11
Civic NGV 2001-11
Crosstour 2010-15
CR-V 2002-11
CR-Z 2011-15
Element 2003-11
FCX Clarity 2010-14
Fit 2007-13
Fit EV 2013-14
Insight 2010-14
Odyssey 2002-04
Pilot 2003-15
Ridgeline 2006-14
INFINITI
Model Model Year
FX 2003-08
I30 2001
I35 2002-04
M 2006-10
QX4 2002-03
JAGUAR
Model Model Year
XF 2009-15
JEEP
Model Model Year
Wrangler 2007-16
LAND ROVER
Model Model Year
Range Rover 2007-12
LEXUS
Model Model Year
ES 350 2007-12
GX 460 2010-17
IS 250, 350 2006-13
IS 250C, 350C 2010-15
IS F 2008-14
LFA 2012
SC 430 2002-10
LINCOLN
Model Model Year
MKX 2007-10
MKZ 2006-12
Zephyr 2006-12
MAZDA
Model Model Year
B-Series 2004-09
CX-7 2007-12
CX-9 2007-15
Mazda6 2003-15
Mazda Speed6 2006-07
MPV 2004-06
RX-8 2004-11
MCLAREN
Model Model Year
570 2016-17
650S 2015-16
675LT 2016
MP4-12C 2012-14
P1TM 2011, 2013-15
MERCEDES-BENZ
Model Model Year
C230 2005-07
C250 2012
C300 2008-12
C320 2005
C350 2006-12
C63 2008-11
C63 AMG 2012
E350 2010-12
E550 2010-12
E63 2010-11
GL320 2009-10
GL350 2011-12
GL450 2009-12
GL550 2009-12
GLK350 2010-12
ML320 2009-10
ML350 2009-11
ML450 2010-11
ML550 2009-11
ML63 2009-11
R320 2009-10
R350 2009-12
SLK280 2007-08
SLK350 2007-08
SLK55 2007-08
SLS 2011-14
Sprinter 2500 2010-14
Sprinter 3500 2010-14
MERCURY
Model Model Year
Milan 2006-11
MITSUBISHI
Model Model Year
i-MiEV 2012, 2014, 2016-17
Lancer 2004-07
Lancer Evolution 2004-06
Raider 2006-09
NISSAN
Model Model Year
Maxima 2001-03
Pathfinder 2002-04
Sentra 2002-06
Versa 2007-12
PONTIAC
Model Model Year
Vibe 2003-10
SAAB
Model Model Year
9-2x 2005-06
9-3 2006-11
9-5 2006-09
SATURN
Model Model Year
Astra 2008-09
SCION
Model Model Year
xB 2008-15
SUBARU
Model Model Year
Baja 2003-06
Forester 2009-13
Impreza 2004-11
Legacy 2003-14
Outback 2003-14
Tribeca 2006-14
WRX/STI 2012-14
TESLA
Model Model Year
Model S 2012-16
TOYOTA
Model Model Year
4Runner 2010-16
Corolla 2003-13
Corolla Matrix 2003-13
RAV4 2004-05
Sequoia 2002-07
Sienna 2011-14
Tundra 2003-06
Yaris 2006-12
VOLKSWAGEN
Model Model Year
CC 2009-17
Eos 2010-14
Golf 2010-14
Golf R 2013
GTI 2009-2013
Passat 2006-10, 2012-14
Tiguan 2017-18

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