Airbag Recalls at Three Automakers After Incidents of Explosions | DENENA | POINTS

Airbag Recalls at Three Automakers After Incidents of Explosions

Airbags were originally invented and placed in vehicles in order to prevent injuries and save lives.  There have been concerns in the past about airbags deploying prematurely, and causing injuries to passengers.  But now a different problem exists, as three of Japan’s largest automakers have begun to recall vehicles that used a defective airbag made by Takata, a Japanese manufacturer.

Airbag Inflators Exploding on Impact

The problem is that the airbag inflators are exploding when the airbag is deployed, shooting metal and glass into the occupants of the car.  The Japanese automakers are making the recall despite the fact there have been no problems with their own vehicles, except when cars are being scrapped.  This follows at least five deaths and many injuries caused by Takata airbags in other vehicles worldwide.

In one incident in Malaysia, a pregnant woman was killed in a collision when the airbag deployed, and then the inflator fired a one-inch shard of metal into her neck.  This scenario has been repeated enough for federal regulators to urge all cars with Takata airbags be recalled in the US, and the company was recently called before a senate hearing to explain it response to the problem.  Oversight and regulation of manufacturers is less stringent in Japan, Takata’s home country.

Who Is Responsible for Injuries?

In cases such as this where there is a defective part in a vehicle that causes injury, there are two possible defendants.  The most obvious is the manufacturer of the part, or in this case the airbag.  Takata controls the design and manufacture of its airbags, and is accountable for any defects that might exist.  It is interesting to note that in Japan, class actions for personal injury lawsuits were permitted only beginning two years ago, allowing manufacturers more latitude in avoiding widespread legal claims.  If a Takata airbag were to cause injury or death in the US, Takata could be named as a defendant in a lawsuit.

The other potential plaintiffs are the auto manufacturers who installed the airbags and then sold them to the consumer.  Typically, the auto companies would only be liable if they knew the part to be defective and a danger to consumers.  This is why there is the mass recall by these manufacturers, now that Takata airbags are known to be defective, auto makers cant claim a lack of knowledge.  For any injuries that occurred prior to widespread publicity about the defect, it would be more difficult to assign liability to the manufacturer unless there were some facts indicating that they could have known before the accident occurred.

Defective vehicles cause injuries every day, but it is more problematic when the injury is caused by a defective part made by a different company.  However, the basic premise is to trace the cause of the accident and then hold that party primarily responsible, while also including any auto manufacturers who may be partially at fault.