PRODUCT LIABILITY: Takata Airbag Recall

PRODUCT LIABILITY: Takata Airbag Recall

February 15, 2019

Faulty Takata airbags have forced car manufacturers including BMW, Honda, Volkswagen, Ferrari, Subaru, Ford and Tesla to recall 1.7 million vehicles after the deadly inflators killed at least 23 people.  The Takata air bag inflators can explode and hurl shrapnel into passengers and drivers. Takata used the chemical ammonium nitrate to create an explosion to inflate air bags; however, this chemical can deteriorate over time due to heat and humidity and explode with too much force, blowing apart a metal canister designed to contain the explosion.  Areas with high humidity are at greater risks the most dangerous of which are in areas of the south along the Gulf of Mexico.

The recalls first began in 2001 and forced Takata Corp US to seek out bankruptcy protection and to sell most of its assets to provide compensation for those injured by the company’s deadly airbags.

The US Department of Transportation, has created a page for vehicle owners to log into and key in their vehicle identification number to see if there cars and SUVs are being recalled: https://www.nhtsa.gov/recalls.

In response to this recall there are three non-judicial avenues which claimants can submit their claims of personal injury and wrongful death. These avenues are as follows:

• IRF Claim. A Claimant may submit a claim for compensation from the IRF, the personal injury and wrongful death restitution fund established under the Restitution Order entered by the District Court on February 27, 2017 in U.S. v. Takata Corporation, Case No. 16-cr-20810, in conjunction with Takata’s guilty plea. This is called an “IRF Claim.” For information about the eligibility criteria for an IRF Claim, click here: http://www.takataairbaginjurytrust.com/faq.
• Trust Claim. A Claimant may also submit a claim for compensation from the TATCTF established in connection with Takata’s Chapter 11 Bankruptcy Plan of Reorganization, which was confirmed by the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) on February 21, 2018. This is called a “Trust Claim.” For information about the eligibility criteria for a Trust Claim, click here: http://www.takataairbaginjurytrust.com/faq.
• POEM Claim. Certain Claimants may also submit a claim to the TATCTF against a Participating Original Equipment Manufacturer (the automobile manufacturer, or “POEM”). This is called a “Participating OEM Claim” or “POEM Claim.” Currently, the only POEM is Honda/Acura. Only individuals who were injured or suffered wrongful death caused by a Takata Airbag Inflator Defect in a Honda/Acura vehicle are eligible for a POEM Claim. This is the exclusive remedy for Takata Airbag Inflator Defect claims against Honda/Acura. For information about the eligibility criteria for a POEM click here: http://www.takataairbaginjurytrust.com/faq.

In mid May 2018 Takata Corp US set up one centralized claim form which allows all US personal injury victims and victims with wrongful death claims to submit their claims through all three available avenues utilizing one centralized claim form; this form is available online at http://www.takataairbaginjurytrust.com/.

Private Litigation is Still Available Despite Completing a Claim Form 

Victims injured or those with wrongful death claims resulting from the faulty Takata airbags, in vehicles other than a Honda, may still file civil litigation claims against the original equipment manufacturer or automaker.  Regardless whether or not a civil action is intended to be brought, a claim form to the IRF should still be submitted.

Adjadj Legal Group or has settled numerous claims made by personal injury victims harmed by defective products, including faulty Takata airbags. If you or a loved one was injured by a Takata airbag and wish to discuss your case please call us today at 619-432-5145 or contact Diana Adjadj directly at Diana@Adjadjlegalgroup.com