Monday, October 27, 2014  


Labaton Sucharow Files First Consumer Class Action Against Airbag Maker Takata Corporation

NEW YORK (October 27, 2014) — Labaton Sucharow LLP filed today the first nationwide consumer class action against airbag manufacturer Takata Corporation and several major vehicle manufacturers. Takata Corporation, TK Holdings, Inc., and Highland Industries, Inc. (collectively, Takata), allegedly designed, manufactured, tested, and marketed millions of potentially lethal airbags which were distributed and sold to other manufacturers. Affected vehicles include models from BMW, Honda, Ford, Lexus, Nissan, and Toyota, among others.

Plaintiffs allege that Takata, the world's second largest producer of automotive safety devices, and the vehicle manufacturer defendants (collectively, defendants) concealed their knowledge of the nature and extent of the defects in the Takata airbags from the public, in disregard for public safety. The case seeks to address two major issues: (1) The need to protect drivers and passengers from vehicles containing these airbags; and (2) The diminution in value of vehicles containing Takata airbags.

The plaintiffs also seek expedited discovery to assess what kind of injunctive relief is necessary to prevent more injuries and fatalities. Depending on what discovery reveals, an injunction may require Takata to provide additional public disclosures about the number of affected automobiles, to initiate expanded recalls, and potentially to provide rental cars to owners until repairs or replacements are made.

"We're asking the court to determine whether the right steps were taken to protect the welfare and safety of the public," said Labaton Sucharow Chairman, Lawrence A. Sucharow. "A lot of these owners may not have the means to repair or replace these vehicles, so they're faced with a paradox—a safety device that is potentially life threatening."


BMW
2000 - 2005 3 Series Sedan
2000 - 2006 3 Series Coupe
2000 - 2005 3 Series Sports Wagon
2000 - 2006 3 Series Convertible
2001 - 2006 M3 Coupe
2001 - 2006 M3 Convertible

Ford
2004 Ranger
2005 - 2006 GT
2005 - 2007 Mustang

Honda
2001 - 2007 Honda Accord
2001 - 2005 Honda Civic
2002 - 2006 Honda CR-V
2003 - 2011 Honda Element
2002 - 2004 Honda Odyssey
2003 - 2007 Honda Pilot
2006 - Honda Ridgeline
2003 - 2006 Acura MDX
2002 - 2003 Acura TL/CL
2005 Acura RL

Mazda
2003 - 2007 Mazda6
2006 - 2007 MazdaSpeed6
2004 - 2008 Mazda RX-8
2004 - 2005 MPV
2004 B-Series Truck

Nissan
2001 - 2003 Nissan Maxima
2001 - 2004 Nissan Pathfinder
2002 - 2004 Nissan Sentra
2001 - 2004 Infiniti I30/I35
2002 - 2003 Infiniti QX4
2003 - 2005 Infiniti FX35/FX45

Toyota
2002 - 2005 Lexus SC
2002 - 2005 Toyota Corolla
2003 - 2005 Toyota Corolla Matrix
2002 - 2005 Toyota Sequoia
2003 - 2005 Toyota Tundra