May 24, 2017
FREE CONSULTATIONS > PAY NOTHING UNLESS YOU WIN
In the midst of one of the largest vehicle recalls in history for defective Takata airbags, 10 automakers (the Independent Testing Coalition — ITC) banded together to take a closer look at the issue, the causes and the possible reasons for the airbags to explode so violently.
As the group worked through the various possibilities, they narrowed it down to three factors that had to be present for a Takata airbag to eject metal shrapnel. The main reason was the use of ammonium nitrate propellant, which may tend to degrade in climates with repetitive temperatures swings. Add to the mix the questionable construction of the inflator assembly and exposure to heat and humidity, and the airbags were an accident waiting to happen.
The National Highway Traffic Safety Administration (NHTSA) and the ITC referred to the explosions as energetic disassembly. Regardless of what the airbag explosions were called, drivers and passengers alike have been seriously harmed or killed by defective Takata inflators sending metal shards into the interior of a vehicle. According to the ITC, all three factors need to be present for an explosion to occur.
No matter what the NHTSA or the ITC suggest, there are no easy solutions to this situation. Furthermore, evidence suggests it’s an inherent design flaw of the material used to inflate the bags, not old airbags going bad after eight or 10 years.
Ammonium Nitrate — Will it Be Banned?
The use of ammonium nitrate in Takata airbags has raised the very real question of whether or not it should be used as a propellant in airbags. Discussions are taking place that suggest such propellant-driven inflators should be banned.
U.S. safety regulators issued a mandate for Takata to phase out the use of ammonium nitrate if the supplied is unable to prove its safety. This may also result in the chemical effectively being shunned in the United States.
The Takata recall is ongoing and ever expanding, and there may not be a solution found any time soon.
We know the importance of having someone on your side, if you have been injured in an airbag accident. Our firm is family owned and those values associated with family are very important to our mission. We fight for you and handle your case as if you were family.
Affected Honda Models in Takata Airbag Recall
What is Product Liability Law?
A defective product lawsuit comes under the area of law known as product liability law. This is when retailers, manufacturers, suppliers, distributors, designers, creators and marketing gurus are held accountable for injuries to those harmed by a product.
U.S. product liability claims typically deal with breach of warranty, negligence, strict liability and various other consumer protection claims. No two states have the same laws, so there may be different elements to prove to win a successful claim depending on the state where you live.
There are three types of liability claims possible: manufacturing defect, design defect and a failure to warn or marketing defect.
A manufacturing defect is one that happens during the manufacturing process involving poor workmanship and/or sub-standard materials. Design defects happen when a product is created or when a design is inherently useless or dangerous, despite how well it is made. Failure-to-warn (marketing defects) are found in products that have inherent but not obvious dangers that could be mitigated by warning the user
Injured? Retain Legal Counsel Now
The team at Chalik & Chalik can explain the legal process once you file a claim, outline possible damages and help prove a defective Takata airbag caused your accident. Everyone needs to know their legal rights when it comes for filing a claim for compensation as a result of being in an accident and sustaining injuries.
Need help filing a lawsuit? Call Chalik & Chalik now at 855-971-1662.
To prove liability, it is important to have industry experts who will testify that the airbag is defective. If you suffered an injury in a motor vehicle accident that was caused by a defective airbag, call us. We will perform an investigation and recover financial compensation to help you recover from your injury.
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We work hard to provide quality representation and personal service to our clients, and will fight for your right to recover the benefits you deserve. Call our offices or fill out our form to schedule your free initial consultation today!
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