McArthur Law Firm

Could Georgia Sue Takata?


The Takata recall continues to expand, and a few weeks ago we told you all about it. Well, a new wrinkle in the Takata recall has surfaced, and this one may affect car drivers all over Georgia.

A New Lawsuit Opens Takata To More Liability

Hawaii has taken historic steps and become the first state to file a lawsuit against Takata Corp and Honda Motor Co for selling defective cars in the state. It is estimated that more than 70,000 Takata recalled cars were sold in Hawaii, and the state is demanding that the companies pay at least $10,000 for each car sold.

Does Hawaii Have A Claim Against Takata?

The state claims that Takata and Honda violated Hawaii's consumer protection laws by selling recall affected cars in the state, and because of this the automaker and parts manufacturer owe the people of Hawaii for associated losses, alternative transportation costs, and the value that their cars have lost. If the lawsuit goes through, it could cost Honda and Takata $700 million and that's not including restitution or injunctive relief costs-which means the companies would still owe customers on an individual basis if they file lawsuits. So what prompted Hawaii to go for the jugular and file a lawsuit?

Why Is Hawaii Suing?

While searching for an explanation as to why the Takata airbags were malfunctioning, an independent research group was able to pin down a specific cause. The propellant used in Takata airbag inflators-ammonium nitrate-becomes unstable when exposed to heat and humidity. Since Hawaii has both heat and humidity in abundance, then defective inflators in the state are at a higher risk of exploding, and Hawaii isn't the only state where these conditions exist.

Could Georgia Sue Takata?

Georgia has particularly hot summers and it is almost always humid. This means our state has all the same risk factors as Hawaii. Does that mean our state government should also file a lawsuit similar to Hawaii's? Are Georgians at risk? Visit NHTSA's website to find out if your car is on the list of affected vehicles, and keep following our blog for more updates from your defective automotive parts attorneys.

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