How to join airbag class action

Law firm Quinn Emanuel Urquhart and Sullivan (Quinn Emanuel) has expanded its class actions to include a seventh car manufacturer who sold cars with deadly airbags to consumers. 

This month Quinn Emanuel filed class action proceedings against Volkswagen (VW). Actions have already been commenced against Toyota, Mazda, Honda, Subaru, BMW and Nissan.

These proceedings are being heard concurrently in the Supreme Court of NSW.

Quinn Emanuel is expecting to file against Ford and Audi shortly, covering an expected 2.5 million Australian drivers who are driving cars fitted with the defective airbags.

The defective airbags have been linked to the deaths of at least 24 people worldwide, including one in Sydney last year, as well as injuring hundreds of others.

Quinn Emanuel Partner Damian Scattini said, “These airbags are ticking time bombs. Over time they degrade. As they degrade they become unsafe.

“On our case, these manufacturers knew these airbags were dangerous, but kept using them in their vehicles – putting profits before the safety of their customers.

“Car manufacturers have known about this problem for years. These airbags need to be off the road,” Mr Scattini said.

Consumers are being urged to check if their vehicle is subject to the recall and to act immediately, if a replacement airbag is available.

Due to a global shortage of airbags however, many Australian drivers are only being offered a temporary fix, with a like for like replacement meaning that their airbag will have to be replaced again in the future.

In many cases, the replacement airbags contain the same propellant used in the defective airbags, ammonium nitrate, which deteriorates over time. Consumers are still encouraged to obtain a temporary fix, as a newer defective airbag is preferable to an older defective airbag.

“It’s about responsibility and accountability. Car manufacturers need to make good the harm they’ve done to their customers. No more. No less”, said Mr Scattini.

If you are a consumer whose vehicle was, or is, subject to the Takata airbag recall, you may be entitled to participate in the class action proceedings.

You are not excluded from participating if you have acted to have your faulty airbag replaced. You can register your interest at: www.AirbagRecall.com.au

7 comments

Ambulance chasing at its absolute worst - these lawyers should have their professional registrations cancelled and be disbarred.

Keep this sort of attack on businesses up and either products will be too expensive to purchase or manufacturers will stop manufacturing.

I had my airbags changed 3 years ago, but am worried that they may have been replaced with something that will only last about 6 years according to the 60 minutes report. I am going to register mainly because they need to know they cannot put people's lives in danger, and your comment Not a Bludger does not make sense, it is not an attack it is to stop them getting away with a crime.

You should've received advice when the change was done.  There should be a letter along the lines that a subsequent replacement may be required.  To the best of the knowledge of Takata, the number of faulty airbags is less than a quarter of a percent of the total in place.

I must search for my letter that they gave me after it was done, in the meantime I have sent an email to Honda, still waiting for a reply, but I guess they are busy answering a lot of enquiries.

Airbags in cars? Oh, sorry, I misread. I thought it was windbags. Must go to specsavers.

LOL Pedro the swift. Hope you're new specs don't get trashed by a faulty airbag. Drive safely.

I also had mine replaced about 2 to 3 years ago -- with the SAME type and the same type of filling --

I note that this law firm wants your details but have also noted that ---Not A Bludger  -- indicated that it might be a rip-off???   Please ---  NAB -- can you explain to me please --- thanks??

I signed up, don't see how it can be a rip-off as long as we don't have to fork out money from our own pockets. There a more class actions, just google, and I wrote to them and they assured me that we will not pay anything. But should check it out further. We need someone with experience to help us understand class actions.

In real terms you have very little to be concerned about PlanB.  It may be the same model number with the same propellant, but from a different production batch and probably from a different factory. There appears to be no risk of the airbags having spontaneous deployment.

 

Be aware, if you take part in a class action, you give up your right to make an individual claim, if the class action does not succeed or the award you receive is unsatisfactory, you won’t be able to pursue your claim in an individual action later on.

I would not know how or be able to afford an individual action.

 

What I cannot understand is why the state governments allow these cars to be registered to drive on our roads ????

No one was aware that the Takata airbags were deploying explosively instead of in a correct manner until they had been in place for well over five years.  Takata have run down a number of false leads in their bid to identify the cause for the failures with targeted recalls in their bid to protect the vehicle occupants and their reputation.  At worst, less than 0.25% of the airbags could be faulty.

Where the owners of cars with potentially faulty airbags were known, all of the distributers have tried to contact them directly to arrange replacement.  In the fatal Sydney case, both Honda Australia and the local dealer had contacted the owner to arrange the replacement.  He had declined repeated requests to have the work carried out.

Honda contacted me and when I phoned up about it they told me to do as soon as possible, which I did. Strange how the media is not telling us the truth about the fatal Sydney case. 

Thanks for your explanation Micha.

musicveg,  I also would not be able to afford an individual action either -- nor should we have to -- why don't we ALL get together and demand the Government either take the darn bag OUT or have them fixed!

I asked if they could take them out and they -- the dealer -- said no as they are part of the car -- it would be illegal  

On the balance of probability, you are safer with the airbag in place and operational than removed.  As less than a quarter of a percent of the fitted airbags may be faulty, it is more likely to deploy and reduce your injuries in a crash than cause any.  When the problem was first identified there was consideration of simply pulling the fuse for the high risk airbags, but the relative risk came up as above.

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