Takata Airbags and Vehicle Manufacturers
The deployment of faulty Takata airbags has the potential to cause severe injury or death, and vehicle manufacturers have been under scrutiny for various issues. These include not issuing a recall for enough affected vehicles and not being forthcoming with details regarding issues reported by consumers.
Recent Georgia Case Against Vehicle Manufacturer for Takata Airbag
In March 2022, an individual in Washington County, Georgia, was behind the wheel of a 2006 Ford Mustang traveling eastbound on State Route 24. The Ford allegedly hydroplaned, left the road, and crashed. During the impact, the frontal airbag on the driver’s side of the Ford reportedly deployed with metal shrapnel strewn throughout the occupant compartment of the motor vehicle. It is alleged in the complaint filed in Georgia Federal Court by the plaintiff’s counsel that the client sustained significant injuries due to the incident.
The complaint alleged that the 2006 Ford Mustang was subject to the National Highway Traffic Safety Administration Campaign 15V-319, or manufacturing recall number 15S21. In this recall campaign, it is noted that the driver’s side frontal airbag may rupture and shoot metal fragments upon deployment. The plaintiff’s counsel also notes that the client has suffered many injuries due to the incident, including several lacerations to the face, blunt chest trauma with hematoma, and more. Medical expenses for treatment of incident-related injuries are nearly $105,000.
The plaintiff’s counsel has submitted a claim for compensation with the airbag manufacturer of the 2006 Ford Mustang, Takata. The claim was submitted through the Takata Individual Restitution Fund. A separate lawsuit has also been filed on the client’s behalf against the motor vehicle manufacturer. This complaint alleges wantonness, negligence, negligent recall, failure to warn, and strict product liability.
Injuries From Defective Airbag Inflators Exploding
Faulty airbags have been found to cause severe injury or even death to unsuspecting occupants of motor vehicles. These include eye trauma, head injury, facial fractures, and more. According to the National Highway Traffic Safety Administration, the entity has confirmed the deaths of 27 individuals in the United States from Takata airbags with faulty inflators. NHTSA also reports that at least 400 individuals have suffered injuries from Takata airbags that have exploded due to defective inflators.
What is a Products Liability Claim?
Manufacturers have a responsibility to keep consumers safe with their products. When a manufacturer fails to do so and causes harm to consumers, a product liability claim may be in order. The basis of the claim may be the failure to issue sufficient warning regarding foreseeable hazards from product use, lack of quality control in the manufacturing process, or a fault in the product design. In a successful case, the claimant may seek reimbursement for losses associated with their injuries or the death of a loved one from using the defective product.
What Types of Compensation Will You Receive for a Defective Airbag Case?
A wide array of recoverable losses may be sought in a defective airbag claim. While each case is unique, the attorney handling the matter will work diligently to seek full financial recovery on behalf of the claimant. The lawyer will help their client understand if they are eligible to file as specific filing criteria and time limits may apply. Some of the recoverable damages include:
- Medical Expenses: This includes the costs of medical treatment that is reasonable and necessary. Examples include ambulance rides, treatment at the emergency room, hospitalization, imaging (e.g., CT scans, X-rays), primary care visits, diagnostic testing, surgical management, prescription drugs, etc.
- Lost Wages: If an individual misses work due to injuries from a crash involving faulty airbags, they may be compensated for the time they missed from work for recovery and to attend treatment appointments. Self-employment, wages, salary, and other forms of earnings may fall within this category.
- Diminished Earning Potential: If a person must take a lower-paying position, work fewer hours, or is entirely unable to work, they may be compensated for the reduction in earning capacity they experienced due to permanent injury or disability from an incident.
- Pain and Suffering: Damages for pain and suffering are intangible and differ in value from case to case. As such, it is helpful to have an experienced attorney calculate the value of non-economic damages in a case and include them in demands for compensation.
If a close relative suffers fatal injuries in an accident due to faulty airbags, eligible surviving family members may seek compensation for their losses. The family’s attorney will seek recovery of economic and non-economic damages in a product liability case against the manufacturer.
Filing a Case Within the Statute of Limitations in California
Attorneys may help their clients file their cases within the applicable statute of limitations. This is the window of time a claimant has to file a case with the court. In California, a claimant generally has up to two years to file, according to CCP 335.1. A lawyer will work to ensure that a case is filed on time and not dismissed by the court. If the case is filed past the deadline, the claimant may lose the right to seek reimbursement of their damages. For more details on the statute of limitations in California, reach out to an experienced injury attorney near you.
Products Liability Lawyer in Sacramento
If you are involved in a motor vehicle collision where Takata airbags caused you injury or claimed the life of your loved one, you need the assistance of an experienced Sacramento products liability lawyer. Look no further. Our legal team at AutoAccident.com can assist you now, review your potential case, and provide free, friendly advice. Whether you are searching for general information about airbags manufactured by Takata or need legal counsel, we are here to help. Call (916) 921-6400 or (800) 404-5400 to discuss your case in detail in a free consultation with one of our skilled accident attorneys.
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