Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I file a Takata airbag lawsuit in New York?
Yes. If you were injured in New York by a defective Takata airbag, you may have a product liability claim against the manufacturer, the vehicle maker, or the dealership that sold you the car. New York recognizes strict liability for defective products, meaning you do not have to prove negligence — only that the product was defective and caused your injury.
What is the deadline to sue for a Takata airbag injury in New York?
New York’s statute of limitations for personal injury claims is three years from the date of the injury (CPLR §214). If the injury caused a wrongful death, the estate has two years from the date of death to file a lawsuit (EPTL §5-4.1). Missing these deadlines generally bars recovery, so it is critical to consult an attorney as soon as possible.
Who can be held liable for a Takata airbag injury in New York?
Potentially liable parties include Takata Corporation (now Key Safety Systems), the automaker that installed the airbag, and in some cases the dealership or repair shop. New York’s product liability framework allows injured plaintiffs to pursue claims along the entire distribution chain. An attorney can investigate the specific facts of your accident to identify all responsible parties.
What damages can I recover in a NY Takata airbag lawsuit?
Recoverable damages in a New York product liability case may include medical expenses (past and future), lost wages, pain and suffering, and permanent disability or disfigurement. New York does not cap compensatory damages in personal injury cases, though punitive damages are reserved for conduct that is grossly negligent or intentionally harmful. No specific outcome is guaranteed and results depend on the facts of each case.