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More Reasons The Takata Airbag Recall is Not Succeeding

Millions of used vehicle with the exploding Takata airbag sit on used car dealer lots

Sunday, February 24, 2019 - The Takata airbag rolling recall, the largest in history, has had poor results due to a number of factors. Regulators are quick to condemn manufacturers and government agencies for failing to communicate the urgency of the recall to drivers, however, another aspect of the ongoing airbag recall pertains to the millions of vehicles that sit on used car dealer lots around the world and in the US in particular. Used car dealers are selling millions of cars every year that are equipped with the faulty and defective Takata airbag without either complying with the airbag recall and/or failing to tell their customer that the vehicle is affected. Around 17 million used cars are sold from a used car dealer's lot every year. Investigators speculate that used car dealerships are failing to comply with the Takata airbag recall and also are not in a position to tell the customer that they have to have the airbag replaced. A high percentage of the vehicle owners that have not complied as of yet with the recall and are driving the dangerous vehicles are unaware that their vehicle is under recall. Used car dealers are faced with the dilemma that if they comply with the recall, their inventory of vehicles will be taken off of the lot for a period of time and if they do tell the customer about the recall are likely to lose the sale. Takata airbag recall attorneys represent individuals and families harmed by Takata airbags.

Another reason for the difficulties in recalling vehicles is that Takata airbags are not responsible for every exploding airbag death. In 2016, a Canadian woman was killed by shrapnel from an exploding airbag manufactured by ARC Automotive manufacturing plant in Knoxville, Tennessee. The defective ARC airbag inflator cartridges which differ only in name and the volume sold are installed in "8 million Fiat Chrysler, Hyundai, Kia, and General Motors vehicles in the U.S. use the company's inflators," according to the Detroit News. The NHTSA is frustrated that in the three-plus years that the investigation has been underway, no recall of the affected vehicles has been undertaken.

Canadian authorities stated what others have been saying in most other airbag fatality, that the women would have survived the accident had the airbag canister not exploded as it did. Since 2016 an investigation has been ongoing into the ARC's use of ammonium nitrate, the same chemical used in the Takata airbags that ignites more easily and with a greater ferocity causing the metal canister to shatter and send razor-sharp shrapnel directly into the face of the driver of the vehicle much like a hand grenade. The death from the ARC airbag is the only one known to date, however, there have been several serious injuries. According to the Detroit News, "The NHTSA investigation started in 2015 when an Ohio woman was severely injured by an ARC inflator in a 2002 Chrysler Town and Country Minivan."

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OnderLaw, LLC is a St. Louis personal injury law firm handling serious injury and death claims across the country. Its mission is the pursuit of justice, no matter how complex the case or strenuous the effort. The Onder Law Firm has represented clients throughout the United States in pharmaceutical and medical device litigation such as Pradaxa, Lexapro and Yasmin/Yaz, where the firm's attorneys held significant leadership roles in the litigation, as well as Actos, DePuy, Risperdal and others. The Onder Law Firm won $197 million in three talcum powder ovarian cancer lawsuits in St. Louis in 2016 and other law firms throughout the nation often seek its experience and expertise on complex litigation.