Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Which cars are on the Takata airbag recall list?
The Takata recall is the largest automotive recall in U.S. history, affecting vehicles from at least 19 automakers including Honda, Toyota, Ford, BMW, Chrysler, Mazda, Nissan, Subaru, and General Motors. Model years generally range from 2002 through 2015, though some later models are included. The National Highway Traffic Safety Administration (NHTSA) maintains the full list at nhtsa.gov — enter your VIN to check your specific vehicle.
Can I sue for injuries caused by a Takata airbag in New York?
Yes. Under New York strict products liability law, you do not need to prove the manufacturer was negligent — only that the airbag was defective and that defect caused your injury. Claims may be brought against Takata (now part of Joyson Safety Systems), the vehicle manufacturer, or both. New York recognizes three theories: design defect, manufacturing defect, and failure to warn.
How long do I have to file a Takata airbag lawsuit in New York?
New York's statute of limitations for personal injury product liability claims is three years from the date of injury under CPLR §214. If a loved one died from a Takata airbag rupture, a wrongful death claim must be filed within two years of the date of death under EPTL §5-4.1. Missing these deadlines typically bars recovery, so prompt legal consultation is critical.
Does accepting a recall repair eliminate my right to sue for past injuries?
No. Getting the recall repair done on your vehicle does not waive any claims you already have for injuries previously caused by the defective airbag. However, if you were warned of the defect through a recall notice and continued driving the vehicle without seeking repair, that fact could potentially affect comparative fault arguments in your case under New York law.