Millions of cars with Takata airbags are being recalled. Evidently, when the airbags are exposed for a long period to high heat and humidity, the system may explode. The airbags may rupture, and metal shards will be sent flying into the driver and any passengers. There have been substantial recalls, and many recall notices have asked drivers to bring in their cars for attention. If replacement parts are not immediately available, the National Highway Traffic Safety Administration has authorized some of the airbags to be deactivated. If you were injured or a loved one was killed in North or South Carolina due to an exploding Takata airbag, you should consult the North Carolina and South Carolina auto defect lawyers at Grimes Teich Anderson about whether you have a viable product liability lawsuit against the manufacturer.Takata Airbags
In 2015, the United States Department of Transportation announced that Takata airbags were being recalled. Around 34 million vehicles have been recalled because of defective Takata airbags that can explode when deployed. Cars known to have Takata airbags that are subject to the recall include the 2016 Acura ILX, 2016-17 Audi TT, 2010-2011 BMW X6 Hybrid, 2007-2013 Cadillac Escalade EX, 2007-2014 Chevrolet Tahoe, 2007-2008 Chrysler Crossfire, 2010-2017 Mercedes-Benz Sprinter, 2008-2010 Dodge Ram 5500, 2017 Ferrari GTC4Lusso, 2012 Fisker Karma, 2009-2010 Ford Edge, 2007-2014 GMC Yukon XL, 2006-2014 Honda Ridgeline, 2002-2003 Infiniti QX4, 2009-2015 Jaguar XF, 2007-2016 Jeep Wrangler, 2002-2010 Lexus SC430, 2004-2011 Mazda RX-8, 2011-2015 Mercedes-Benz SLS-Class, 2007-2012 Nissan Versa, and 2012-2016 Tesla Model S. There are many others, and you should find out if your car is affected.Defects
Almost any product may include a flaw. A defect is actionable if it is a design defect, manufacturing defect, or marketing defect. Design defects are flaws in the way that a product is designed, such that it presents a danger to users. Usually, a design defect exists in every specimen of the product. Manufacturing defects are flaws during the manufacturing process that make the product unreasonably dangerous. They are often one-off flaws. They do not usually affect every product. Marketing defects are problems with labeling or warnings, and it is unlikely that this would be the basis for a lawsuit brought in connection with exploding airbags.Liability
In order to identify and name the defect in a lawsuit, your attorney may need to conduct a substantial investigation with the assistance of experts. Theories of liability are slightly different in North Carolina and South Carolina. In North Carolina, you will need to show negligence. Negligence exists when the defendant's conduct falls below the standard of care. This is different from other states, including South Carolina, where it may be possible to pursue a product liability claim under a theory of strict liability. Generally, strict liability is more favorable to plaintiffs because you need not show what the standard of care was, or that it was breached.Damages
If shrapnel flying out from a ruptured airbag injures you, the injuries may be quite serious. Damages that may be recovered in a product liability lawsuit include economic and noneconomic losses. Economic losses are tangible, concrete losses and may include medical bills, out-of-pocket costs, lost income, and replacement services. Noneconomic losses include intangible, subjective losses like mental anguish, loss of enjoyment, pain and suffering, loss of consortium, and disfigurement or scarring. The noneconomic losses may be different based on the viewpoint of the jury and your lawyer's ability to explain how the injuries have affected your daily life. Sometimes a plaintiff's personal characteristics can affect how the jury perceives his or her noneconomic losses. For example, the jury may believe that scarring and disfigurement would have a greater impact on a young woman than they would have on an elderly man.Seek Guidance from a Knowledgeable Product Liability Lawyer
If you were injured as a result of defective Takata airbags, you may have a viable claim against a manufacturer. The experienced North Carolina and South Carolina attorneys at Grimes Teich Anderson may be able to represent you. We assist victims in Gaffney, Spartanburg, Spruce Pine, Waynesville, Rutherfordton, Franklin, and Asheville. Contact us at 1-800-533-6845 or via our online form.