Defective Takata Airbags – Recall and Restitution Fund
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Tens of millions of vehicles with defective airbags manufactured by Takata Corporation are under recall by the National Highway Traffic Safety Administration. Many of these vehicles are still on the road. By December 2019, the total scheduled recalls will number roughly 70 million nationwide. Most of the affected vehicles are model years from 2001 to 2015. The defective inflators can cause airbags to aggressively deploy or rupture and propel shrapnel at drivers and passengers. At least 23 deaths and over 300 hundred injures have been linked to the defective inflators.
On May 30, 2018, the Takata Airbag Restitution Fund began accepting claims for current and future personal injury victims of defective Takata airbag inflators.
According to safety regulators, the defective airbags pose an immediate threat to front seat occupants. Information on the NHTSA consumer advisory can be found by clicking here.
To date, vehicles from the following manufacturers are under recall:
To see if there is a recall notice for your vehicle, check the NHTSA website.
In 2017, Takata Corporation, based in Tokyo, Japan, pled guilty to U.S. criminal charges for its fraudulent conduct related to the sale of defective airbag inflators. Shortly thereafter, the company filed for Chapter 11 bankruptcy.
To compensate individuals who have been injured or suffered wrongful death as a result of defective Takata airbag inflators, two funds have been established as a result of the criminal plea and bankruptcy filing:
- Individual Restitution Fund (IRF)
- Takata Airbag Tort Compensation Trust Fund (TATCTF)
The Funds began accepting claims on May 30, 2018. A personal injury or wrongful claim against Takata due to a defective airbag inflator must be filed with the IRF or TATCTF. Trust fund claims can be submitted directly by individuals, however, it is recommended that such persons first consult with a products liability personal injury attorney to protect their rights.
In addition to claims against Takata through the IRF and TATCTF, numerous lawsuits have been filed against automobile manufactures. Many of these claims are consolidated in a multi-district litigation (MDL) case pending in the federal district court for the Southern District of Florida. Anyone who was injured or suffered wrongful death while in a Honda or Acura must submit a claim through the TATCTF, and follow the Fund’s procedures before they can file a lawsuit.
The Albany, New York product liability attorneys at Dreyer Boyajian LLP have been successfully helping people injured by defective products for over 30 years. We strive to provide our clients with the highest legal and ethical quality of representation.
If you or a loved one suffered serious personal injury or wrongful death due to a defective Takata airbag inflator, contact Dreyer Boyajian LLP today by calling (518) 348-4133 for a free consultation.