Drivers vs. Mercedes-Benz: The Latest on Product Liability

A federal judge in Florida has approved the class certification—a legal process in which a court approves a lawsuit to proceed as a class action—of multiple single and multistate class of Mercedes-Benz drivers. The judge is overseeing the multidistrict litigation involving defective Takata airbags. The cases were determined to share common issues and could be effectively handled in a single trial, as they were determined to share common issues.

Takata Airbag Recalls

The lawsuit comes from defective airbags used by some Mercedes-Benz vehicles and produced by the automaker corporation, Takata Corporation. These airbags can explode when deployed, which poses a risk of serious injury or even death to consumers. Approximately 67 million Takata airbags have been recalled.

The company went bankrupt in 2019 after it was discovered that it had sold tens of millions of defective airbags to most major automotive manufacturers. It was then acquired by Key Safety Systems.

You may check if your vehicle is affected by the recall with your vehicle identification number (VIN). Vehicles affected by recalls may get a free repair at their local dealership. You may also sign up for recall alerts for any future recalls that may affect your vehicle.

The Class Action

U.S. District Judge, Federico Moreno, ruled that several claims brought forth had enough common issues to proceed with a class action lawsuit. The plaintiffs claim that Mercedes-Benz had misrepresented the safety of its vehicles. The airbags used in the affected vehicles contained unstable ammonium nitrate. This chemical compound is utilized in explosives, fertilizers, the production of antibiotics and yeast, and first aid products like cold packs. However, it poses significant safety risks related to explosion:

• Can explode if detonated by an explosive charge.
• Can explode if a fire spreads into it or mixes with combustible material.
• Large stockpiles can be a major fire risk.
• Accidental explosions have killed thousands of people.

The plaintiffs alleged that the vehicle manufacturer breached their duty of care when, in spite of its knowledge of the issue, it failed to inform them about the defect.

Mercedes-Benz opposed the class certification and argued that the plaintiffs were offered free airbag replacements. They denied any prior knowledge of the defect. Despite differing state fraud laws, Judge Moreno found substantial similarities among them to proceed. He argued that Mercedes-Benz had a duty to disclose facts about the airbags’ defects. He further ruled that the company’s comprehensive marketing strategy likely exposed all class members to the alleged misrepresentation about the safety of their vehicles.

The class is brought forth by vehicle buyers in Colorado, North Carolina, West Virginia, and Wisconsin. These buyers had purchased their vehicles before the recall and still owned them, sold them after the recall, or had their vehicles declared a total loss after a collision post-recall. Buyers in Iowa, Mississippi, North Carolina, Oregon, and Washington also received a class certification under state statutory claims.

The History of Airbags

The first patents for airbags were filed in the 1950s, and the first commercial airbags were used in 1973. However, airbags didn’t become standard in cars until the 1980s. 

Several patents relating to airbags have been filed, notably:

• Arthur Parrott and Harold Round: In 1919, these dentists from Birmingham, Alabama, filed a patent for an airbag to cover airplane and vehicle parts.
• John W. Hetrick: This American industrial engineer and Navy member filed a patent in 1952 for an airbag for automobiles.
• Walter Linderer: The German engineer filed a patent for an airbag in 1951.

The first commercial cars to use airbags in 1973 were Chevrolet Impalas. By 1998, any new car sold in the United States was required to have airbags installed for the front seats. Today, airbags are an essential and required feature in modern cars.

Airbags Save Lives

A study of the benefits and risks of airbags confirmed their effectiveness when it comes to preventing deaths and injuries—in particular, when combined with seat belts.

NHTSA estimates that frontal airbags saved 4,330 lives in 2019 and 70,059 lives in total through that year. In frontal crashes, front airbags reduce driver fatalities by 29% and front-seat passenger fatalities (age 13+) by 32%. The combination of airbags and lap/shoulder belts reduces the risk of death by 61%, compared to 50% for belts alone and 34% for airbags alone.

Why May Airbags Fail To Deploy During a Crash?

There are several factors that could influence the deployment of airbags in a crash. For example, the specifics of the crash (speed, other vehicles involved, impact direction), the individual vehicle air bag system’s design strategy, and the crash sensor locations. Moreover, airbags are not designed to deploy in every accident. Some circumstances in which an airbag may not deploy include:

• The conditions of the crash aren’t severe enough to warrant the deployment. The seat belt may provide sufficient protection.
• Many advanced systems automatically turn off the passenger airbag when the vehicle detects a small-stature passenger or child, a child in a child restraint system, or no occupant in the right front passenger seat.
• Some advanced side airbag systems will function similarly and shut off when their use isn’t appropriate.
• If the vehicle has experienced a previous crash and the airbag wasn’t replaced, it will not deploy again. NHTSA recommends that air bags always be replaced after a deployment.

Any airbag that fails to deploy in an injury-producing crash should be reported to NHTSA’s Office of Defects Investigation for investigation of possible system defects and potential recall.

About the Airbag Recalls

Takata airbag recall:

• 67 million airbags affected. 
• Caused by the used use of ammonium nitrate-based propellant without a chemical drying agent. 
• The propellant could ignite explosively, sending shrapnel into the passenger cabin. 
• The recall has been ongoing for over a decade and has caused at least 36 deaths. 
• You can check if your vehicle is affected by the recall through the NHTSA website. 

ARC airbag inflator recall:

• Affected certain Chevrolet and Buick models.
• Recall numbers and dates include:
  • 19V-019 on December 21, 2018 for 2010-2011 Chevrolet Malibu.
  • 21V-782 on October 7, 2021 for 2008-2017 Buick Enclave.
  • 22V-246 on April 14, 2022 for 2015 Buick Enclave, GMC Acadia, and Chevrolet Traverse.

Can You Sue for Defective Airbags?

The short answer is yes. When you buy a vehicle, there is a reasonable level of road safety that is expected, and manufacturers have a legal duty to ensure that safety level is met. If they fail to ensure this safety, they can be held accountable. This stands even when parts or systems are outsourced to third parties.

To file a claim against an automotive manufacturer for defective airbags, you will need to gather supporting evidence. Like for any defective product lawsuit, you’ll need to present proof of the defect. For this, you’ll have to prove that:

• The airbag’s design had a fundamental flaw that caused the issue.
• The manufacturing process directly caused the issue.
• The manufacturer was aware of the issue and failed to warn consumers.

When you hire a lawyer knowledgeable in defective airbags, they can help you navigate your defective product lawsuit and protect your rights as a consumer. Additionally, they will fight to obtain fair compensation for all monetary and non-monetary damages caused by the defective airbags.

Damages You Could Recover

People who have been involved in a car accident and suffered injuries because of faulty airbags may be entitled to compensation for different types of damages. These could include:

• Medical bills for treatments, procedures, emergency services, and more.
• Anguish, trauma, pain, and suffering.
• Disfigurement or disabilities.
• Loss of income and future earnings.

An experienced faulty airbag lawyer can help you figure out if you have a claim. They can also advise on what types of damages you can recover. They can also help you gather the necessary evidence and ensure you receive the right medical treatment for any injuries you may have.

Finding the Right Faulty Airbag Lawyer

At Adamson Ahdoot, you can trust that the best personal injury attorneys are handling your case. Our law firm combines the personal touch and attention to detail of a boutique firm with the resources and expertise of a larger one.

Putting people first is our main commitment. We proudly serve a diverse clientele with personal injury cases, offering free consultations in English and Spanish.

At Adamson Ahdoot, we balance aggressive advocacy with unwavering support for all of our clients. With over 100 years of combined legal experience, we are ready to help you succeed. Call us at (800) 310-1606 today to schedule your free, no commitment consultation.