Preserving Evidence in Takata Air bag Recall

On Wednesday, The National Highway Traffic Safety Administration (NHTSA) issued a press release regarding the ongoing federal investigation of deadly Tataka air bags. U.S. Transportation Secretary Anthony Foxx has announced that the NHTSA has issued an order that will require Takata to preserve all air bag inflators that are being removed during the current recall process. The inflators are to be preserved as evidence for both the federal investigation and ongoing privately litigated cases. Additionally, the NHTSA will also have access to all data from the subsequent testing of the recalled inflators.

Deadly Exploding Air Bags

Approximately 17 million vehicles have been recalled due to faulty air bags manufactured by Takata. Under the right circumstances, the air bag inflators can actually explode, causing injuries or death to drivers and passengers. While these air bags were originally thought to be a problem in warm humid climates, additional information has come to light about their danger across the U.S.

Details of the Order

• Takata is prohibited from destroying any removed inflators, except for testing.
• Takata is required to set aside 10 percent of recalled inflators and make them available to private plaintiffs for testing.
• Takata is required to submit approval plans for gathering and preserving inflators and information on how they are going to make the inflators available to plaintiffs.
• Plaintiffs and automakers who seek access to recalled inflators must submit to the terms of the preservation order, which grants NHTSA access to testing data.
• NHTSA retains the ability to collect inflators for independent testing if deemed necessary.

Holding Manufacturers Accountable for Defective Products

Earlier this month, we reported on the secondary recall involving air bag remedies that weren’t working in certain models of Acura, Dodge, Jeep, Honda, Pontiac and Toyota Vehicles. This re-recall involved 2.12 million vehicles that had already undergone some type of ineffective so-called ‘fix.’ The team at Harris Personal Injury Lawyers, Inc. is dedicated to holding auto manufactures and manufacturers of faulty auto parts accountable for actions that leave consumers injured or worse.

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