The National Highway Traffic Safety Administration (NHSTA) announced the decision to force General Motors (GM) to recall nearly 6 million vehicle – a combination of pickup trucks and SUVs. More specifically, the vehicles included in the recall are equipped with Takata airbags, which have potentially dangerous inflators. The NHSTA’s decision is expected to cost GM an estimated $1.2 billion.
GM has been aware of the problem for many years. In fact, the automaker had petitioned the NHSTA multiple times since 2016 to avoid a recall. The automaker claimed that the Takata airbag inflator canisters have consistently been safe both on the road and during testing; however, car owners do not agree.
At least 27 people (18 in the U.S.) have been killed and hundreds more have suffered injuries due to the Takata inflators. Why are the airbag inflators dangerous? Takata used volatile ammonium nitrate to create the small explosion that is necessary to fill air bags during a crash. However, when the ammonium nitrate is exposed to high heat and/or high humidity, it can cause an explosion with much more force than the small explosion necessary to activate the airbags.
That is, the canister can explode with so much force that the metal canister can be blown apart and spew shrapnel. This could severely injure and potentially kill drivers and passengers alike.
If you or a member of your family suffered harm associated with the dangerous Takata airbag inflators, you might have grounds to pursue a claim. More specifically, you might have grounds to pursue a product liability claim against GM for the harm suffered due to the defective Takata airbags in the vehicle. If you are interested in learning more about the legal options available to you, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
At Normandie Law Firm, our experts are ready to provide you with the guidance that you need to reach a successful claim outcome. Our injury attorneys have many years of experience handling all sorts of injury claims; you can trust that our lawyers will successfully represent your interests and help you pursue your defective product claim against GM. If you are interested in learning more about your right to sue, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience.
The Dangers Associated with the Airbags
As explained above, the integrity of the Takata airbag inflator can be compromised under certain conditions, which can result in the inflator exploding with too much force (resulting in
Spewing shrapnel). Victims could suffer some of the following injuries:
- Head injuries
- Traumatic brain injuries
- Facial injuries
- Ocular injuries
- Fractures
- Lacerations
- Nerve injuries
- Ligament injuries
- Lacerations
Because of the position of airbags (typically near the head), the explosion could be devastating to affected parties. Whether the incident was fatal or resulted in severe injuries, you should explore the legal options available to you. Based on the details surrounding the incident and the harm suffered, you might have grounds to sue – you could also recover compensation.
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Your Right to Sue Based on Product Liability
Do you have the right to sue for the harm that you or a member of your family suffered associated with dangerous airbags? Based on the concept of product liability, you might have grounds to sue. That is, all companies owe their consumers a duty of care – a duty to ensure that their products are completely safe their consumers to use. They must thoroughly test and inspect their products before making them available to consumers to ensure that they are safe for consumer use. When companies fail to ensure the safety of their products, they are breaching their duty of care; in addition, they are putting their consumers at risk of suffering harm. If a breached duty of care leads to an incident that causes harm, the company could be liable.
For instance, if the breached duty of care led to the airbag inflator explosion that harmed drivers and passengers in affected vehicles, the company could be held accountable. In other words, the company could be sued for the harm resulting from the breached duty of care (or defective product). If you are interested in learning more about your right to sue for the harm that you or a member of your family suffered, do not hesitate to seek legal assistance with the experts at our firm immediately. Our product liability lawyers are ready to better understand your right to sue.
Your Right to Receive Compensation
Based on the details surrounding your product liability claim, you might be eligible to recover compensation for the harm resulting from the defective product. What could you recover? Although every claim is different, victims and families affected by defective product incidents could be eligible to recover compensation for some of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of consortium
- Funeral and burial expenses
- Property damages
- Punitive damages
- Legal expenses
Would you like to learn more about the type and amount of compensation that you could be eligible to recover? If so, do not hesitate to seek legal assistance with the experts at our firm at your earliest convenience. Our lawyers will help you recover the compensation that you and your family are owed. There is no doubt that monetary compensation cannot reverse the harm resulting from a defective product incident; however, it can significantly help you and the rest of your family move forward after such a traumatic time. If you are interested in learning more about your right to recover compensation for the harm that you or a member of your family suffered, contact our firm today.
Important Steps to Consider
If you or a member of your family suffered harm associated with the dangerous Takata airbag inflaters in a GM truck or SUV, you might have grounds to sue. There are a number of things that you should do to prepare to take legal action. Consider some of the recommendations listed below:
- Take photos of all injuries resulting from the incident
- Take photos of the defective product
- Take photos of the entire scene of the incident
- Contact the company (GM) to report the incident
- Do not agree to a free repair
- Do not agree to a free replacement
- Do not agree to a refund
- Do not agree to return the product
- Do not tamper with the defective product in any way (it must remain as-is)
- Speak to witnesses immediately
- Seek medical care immediately
- Gather all relevant records – including medical records, records of lost income, and records of property damage
- Seek the legal assistance of a product liability expert as soon as possible
Is there a Class Action Lawsuit?
Can I file a class action lawsuit? How can I join or be a part of a class action lawsuit on this case? If the defective product harmed many parties, then it is likely that there is a class action claim in which you could participate. A class action lawyer can help you figure out how to join the specific class action lawsuit. In some cases, there might be mass torts rather than a class action lawsuit – mass torts are single claims against the same company. For more information about how to proceed with your claim, do not hesitate to contact our recall lawyers as soon as possible.
Filing Your Claim Quickly
As previously explained, you have the right to sue for the harm resulting from a defective product. However, you could lose your right to sue if you fail to file your claim within the appropriate length of time. This is because a statute of limitations applies to your claim. A statute of limitations determines the total length of time that claimants have to file their claims. How long do you have to pursue a product liability claim? In California, product liability claims are normally subject to a two-year statute of limitations; therefore, victims and their families only have two years to sue. In some cases, however, it is possible for exceptions to apply – which could ultimately toll or pause the applicable statute of limitations. To ensure that you have a thorough understanding of the total length of time that you have to pursue your claim against GM, do not hesitate to contact the experts at our firm today.
Contact Normandie Law Firm Today
At our firm, our experts have many years of experience handling all sorts injury claims, including product liability claims. You can trust that our experts will provide you with the representation that you need to reach a successful claim outcome. At our firm, we offer free legal services, which include free consultations and free second opinions. During these free legal services, our lawyers will answer all your questions, address all your concerns, and provide you with the guidance that you need to reach a positive claim outcome. If you would like to benefit from our free legal services, contact us at your earliest convenience.
Our firm also offers a Zero-Fee guarantee, meaning that our clients will not be required to pay upfront legal fees until after reaching a successful claim outcome. Our firm also offers a strict contingency structure; this means that our clients will not be required to pay anything until after reaching a successful claim outcome. If you do not win, you will simply not be required to cover any legal fees for our legal services.
Are you interested in discussing your claim with the experts at our firm? If so, contact us today.
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