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Miami Federal Court to Hear Airbag Lawsuits

March 10, 2015 | Category: Defective Products | Share

Throughout 2014, media outlets were inundated with news of motor vehicle recalls due to defective airbags and other issues. In fact, back in October 2014, the National Highway Traffic Safety Administration issued a bulletin warning of Takata airbag defects. Ft. Myers personal injury attorney Randall Spivey accordingly urged his clients and other consumers to check their vehicles for airbag recalls.

Lawsuits regarding the problematic airbags have been filed all throughout the U.S.; however, a federal panel recently made the decision to consolidate the cases for pretrial rulings to be heard by Miami federal Judge Federico Moreno. Several potential class action suits have been filed regarding the defective airbags, claiming they can injure and/or even kill individuals due to flying debris stemming from the bags exploding.

Why the Panel Saw Fit to Consolidate the Cases

According to Legal Newsline, the panel's order noted the "actions -- all of which are putative nationwide class actions -- share factual questions arising from allegations that certain Takata-manufactured airbags are defective in that they can violently explode and eject metal debris resulting in injury or even death…Centralization will eliminate duplicative discovery, prevent inconsistent pretrial rulings on class certification and other issues, and conserve the resources of the parties, their counsel and the judiciary."

What Brought About the Lawsuits?

The Takata Corporation, a Japanese airbag manufacturer, allegedly sold defective airbags to several automakers going as far back as 2001. The company, however, did not issue a recall on the airbags until around 2008. Apparently, the first airbag deployment involving shrapnel was first reported in 2004.

Takata's senior vice president for global quality assurance testified in front of a U.S. Senate Committee in November of 2014, explaining some of the primary causes of the "inflator ruptures," which involved a mix of three factors: the unit's age, persistent exposure to high absolute humidity over time and possible production issues.

The company's CEO, in a letter sent to the media in December 2014, stated that they understood the public's concerns and take them seriously.

What Might Happen?

Ultimately, if the cases go to trial, they will be sent back to where they were originally filed. Many of the lawsuits include nonspecific economic damages based on the lost value of the automobiles containing the airbags; however, currently, none of the cases seek personal injury damages.

Court documents note one of the key legal issues will be whether Takata was aware of the airbag defects but failed to disclose that information to regulators. Takata controls approximately 20 percent of the airbag and seatbelt market in the world. The company estimates a loss of around $264 million for fiscal period ending in March, which is far worse than originally forecast.

Automobile accidents of any kind can devastate those involved physically and financially. However, working with a skilled attorney can help ensure you obtain the just compensation you deserve for any injuries sustained due to someone else's negligence and/or wrongdoing. If you or someone you love has been injured due to a defective airbag explosion or any other type of automobile accident, contact the Spivey Law Firm, Personal Injury Attorneys, P.A. as soon as possible.

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