Lawyer Todd Walburg of Lieff Cabraser Heimann & Bernstein specializes in automotive defect cases, and he is taking a particular interest in the Takata airbag controversy.
“It’s shocking that Takata allegedly conducted secret tests and then failed to protect their customers from a known harm,” Walburg says. “Unfortunately, we are seeing a growing trend of massive automotive company cover-ups that need to be handled through simultaneous criminal prosecution and civil litigation.”
Q: What does the Takata airbag recall entail?
A: Ten automakers, including BMW, Chrysler, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota, have recalled over 14 million vehicles worldwide due to defective and dangerous airbags. At least five deaths and more than 30 injuries have been linked to the Takata airbag defect. This series of recalls covers front airbags for drivers and passengers. The total recall ranks it among the five biggest recalls in the auto industry’s history.
Q: Why are these airbags dangerous?
A: The airbags, manufactured by Takata, are ejecting metal fragments that cause serious or fatal injuries for both drivers and passengers. The recalled Takata airbags contain a propellant, which may cause the airbag to rupture upon impact in a car accident and shoot out metal debris into the vehicle. Moisture may cause the propellant to become more combustible.
Q: Why has the recall been expanded?
A: The National Highway Traffic Safety Administration (NHTSA) called on automakers to conduct a nationwide recall of vehicles affected by the defective Takata airbags. At first, the recall list included vehicles that were in high-humidity locations, like Florida, Hawaii, the Virgin Islands and Puerto Rico. However, recent investigations have found that the airbags have harmed drivers and passengers in vehicles that lie outside of the initial recall regions.
According to the Wall Street Journal, Acting NHTSA Administrator David Friedman stated, “We are following the data where it takes us. If Takata and the automakers fail to expand the recall, we will make them do so. We have the ability to fine them and take whatever other action at our disposal under the law.”
Q: How long did Takata know about this defect?
A: Takata reportedly knew of defects in its airbags a decade ago, conducting secret tests of the product, which showed dangerous flaws. Rather than alert federal safety regulators of this risk, Takata executives allegedly ordered engineers to delete test data.
The secret tests were performed after normal work hours and on weekends and holidays during the summer of 2004 at Takata’s American headquarters in Auburn Hills, Mich. Instead of alerting federal safety regulators to the possible danger, Takata executives, the New York Times reported, discounted the results and ordered the lab technicians to delete the testing data from their computers.
Q: Why are Takata airbags failing and not others?
According to the New York Times, the answer is in the propellant that Takata used in its airbags. Takata first began manufacturing airbag inflators in the United States in 1991 using a toxic compound known as sodium azide in the airbag propellant. However, it was found that this compound could potentially release toxic fumes in the vehicle when the airbag deploys. Takata then switched the airbag propellant compound to tetrazole in 1998, which was “promoted to automakers at the time as a safer, more environmentally friendly alternative,” as reported by the New York Times.
Tetrazole was regarded as a reliable compound for inflating airbags; however, it costs more than other compounds. In spite of the availability of tetrazole, in 1999, Takata decided to develop a cheaper propellant based on the compound ammonium nitrate.
The engineering team raised objections to the new propellant because it was seen as more risky. “It was a question that came up: Ammonium nitrate propellant, won't that blow up?” said Takata chemical engineer Michael Britton, the New York Times reports.
Established in 1972, the Lieff Cabraser Heimann & Bernstein plaintiff law firm has offices in San Francisco, New York and Nashville.
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