Ford and Other Automakers Being Investigated for Using Takata Airbag Inflators After Recall

Over the last several years, nineteen automakers have issued vehicle recalls due to faulty airbag inflators that can pose a serious risk of harm if exposed to long-term heat. The defective airbags, made by Japanese supplier Takata, are alleged to be responsible for more than 25 fatalities and 300 injuries worldwide, resulting in the largest automotive recall in U.S. history. The Takata airbag recall includes several automakers, all of whom are under investigation for continuing to use the airbag inflators in manufacturing their vehicles — despite the recall.

What Caused the Takata Airbag Recall?

The Takata airbag recall was issued because the airbags were made with faulty inflators that could potentially explode or not inflate properly, upon deployment. The problem has been linked to a faulty seal on the inflator, which could cause moisture to seep into the propellant used to inflate the airbag. This issue could lead to either a slow deployment in a crash — or an explosion. In the event the airbag explodes upon deployment, shrapnel can shoot out causing injury or fatality to drivers and their passengers.

Specifically, Takata used ammonium nitrate in its airbags. However, it was found that this chemical could deteriorate over time when exposed to humidity and high temperatures. Subsequently, Takata began adding a desiccant to keep the ammonium nitrate dry and protect them from degrading. But once desiccant is saturated, it cannot absorb any more water, potentially causing future safety issues.

What is the NHTSA Investigating?

The National Highway Traffic Safety Administration is currently investigating whether the airbags equipped with desiccant are safe or if they pose a long-term safety risk. Although the previously recalled airbags did not contain the desiccant, the investigation covers millions of vehicles that are equipped with airbags containing it. The investigation is meant to determine whether the desiccant will perform as it was intended over the course of time.

What Vehicles Are Affected By the Takata Airbags?

According to the National Highway Traffic Safety Administration, tens of millions of vehicles across multiple makes and models have been affected by the Takata airbag recall. The following automakers have had various makes and model years of vehicles included in the recall:

• BMW
• Chrysler — Chrysler, Dodge, Jeep
• Ferrari
• Ford — Ford, Lincoln, Mercury
• General Motors — Cadillac, Chevrolet, GMC, Pontiac, Saab, Saturn
• Honda — Acura, Honda
• Jaguar/Land Rover
• Mazda
• Mercedes-Benz
• Mitsubishi
• Nissan
• Subaru
• Tesla
• Toyota — Lexus, Scion, Toyota
• Volkswagen/Audi

Every Takata airbag is being replaced at no cost to the consumer. However, since so many vehicles are involved in the recall, a nationwide repair schedule has been implemented to give priority to the most dangerous airbags.

If you are uncertain whether your vehicle model has been recalled, you can enter the VIN on the NHTSA website. Not only does the NHTSA website search option disclose vehicles affected by current recalls, but it also shows unrepaired vehicles affected by a recall within the last 15 years. Once you have confirmed that your vehicle is part of the recall, you should contact your local auto dealer to schedule the repair.

Do Defective Airbags Make My Car a Lemon?

It’s important to understand that a recall doesn’t always make a car a lemon. Recalls are typically issued by either the vehicle manufacturer or the National Highway Traffic Safety Administration to address a safety issue. In most instances, the problem is remedied by replacing a defective part or making other necessary repairs.

In order to qualify as a lemon under California’s Lemon Law, a vehicle must meet specific criteria. Significantly, a vehicle must still be under the original manufacturer’s warranty at the time the defect is discovered to bring a lemon law claim. You must also allow the manufacturer a reasonable opportunity to make repairs before asserting your rights under the lemon law. Usually, four repair attempts are sufficient — but if the defect involves a safety issue, only two repair attempts may be necessary.

A vehicle may also be a lemon if it was in the repair shop for 30 days or more and the problem was not remedied within that time period. Additionally, if the defect arises within the first 18 months after the vehicle’s delivery or the initial 18,000 miles on the odometer, the vehicle may be presumed to be a lemon under the law. The lemon law presumption can make it easier to prevail in a lemon law claim.

Contact an Experienced Southern California Lemon Law Attorney

If you purchased a vehicle with faulty airbags or another problem that cannot be repaired, you might have a lemon. A knowledgeable lemon law attorney can discuss your specific situation and advise you concerning your legal rights and remedies. Providing reliable representation and adept advocacy, the Ledbetter Law Firm is committed to achieving favorable outcomes for clients who have been burdened and inconvenienced due to buying a lemon.

The Ledbetter Law Firm helps clients throughout Southern California who have purchased lemons obtain the refund or replacement vehicle they deserve from the manufacturer. With offices conveniently located in Torrance and San Diego, California, telephone and video conferencing options are also available. Call (310) 878-0067 to schedule a consultation with a California Lemon Law attorney today.