Before we discuss the roles of the plaintiff and defendants in a strict liability lawsuit, it is important for you to check and see whether the vehicles you and your loved ones drive have been included in one of history's largest automotive product recalls. In June of 2015, the National Highway Transportation Safety Administration announced the "Go Live" for a VIN look-up tool at safecar.gov. Even if your car or truck is not listed at this time, it is important to check back periodically as the airbag manufacturer (Takata) and automakers are still updating their list of vehicles. In fact, auto manufacturing giant Honda added 4.5 million cars to the list in July.
Takata Corporation, a Japanese safety products and airbag manufacturer, has placed over 35 million vehicles sold in the United States on a list for potentially exploding airbags. Over the past several years, the airbag's inflators have errantly caused the airbag to suddenly deploy without warning. The defect -- thought to be associated with an ammonium nitrate propellant that helps to inflate the airbags -- can cause them to deploy with an explosive force that propels metal shrapnel toward drivers and passengers. NHTSA has been coordinating with Takata and the affected automakers to uphold its commitment to ensure U.S. motorists receive new information as soon as it is available. Owners of cars and trucks included on the government's website should have an interim air bag inflator installed on their vehicle as soon as possible to avoid any unexpected personal injury.
Government agencies are also investigating the Tokyo-based manufacturer to determine whether or not high-level officials and safety engineers had known about the faulty inflators for more than a decade. If their investigations prove true, then the manufacturer would be negligent in continuing to distribute a dangerous product. Under Strict Liability laws it is not necessary to prove the defendant was at fault in its actions just that a dangerous product existed and that the product in question had not been altered in anyway. Along with the potential for manufacturer negligence, a Breach of Warranty could have occurred as the manufacturer had warranted that the product would perform in a specific way.. and it did not.
If you or a loved one were injured due to an exploding airbag or an airbag that deployed without cause, contact the Law Office of Robert Grossman. OurHouston personal injury attorney will provide a free consultation to discuss the specific details of your case.