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Old 07 Mar 2015, 07:59 pm
cazza13
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Default **DEFECTIVE AIBAG - Lawsuit reveals gruesome details of Takata airbag victim's death**

NOTE: READ BELOW IF YOU OWN A 2002 HONDA ACCORD AS
THERE IS A RECALL DUE TO DEFECTIVE AIRBAG!!!

FROM: AB

The accident was minor. The aftermath was horrific.

Carlos Solis was waiting to turn left into a Houston-area apartment
complex when oncoming traffic struck the front-left corner of his 2002
Honda Accord, pictured below. He was stopped, according to a police
report of the accident. The other car traveled at under 30 miles per
hour.

He should have walked away from the fender-bender. Instead, the
35-year-old married man was killed when a defective airbag exploded
and sent a large piece of metal shrapnel into his neck, his estate's
lawyers allege in a lawsuit filed Thursday in Harris County, Texas. He
bled to death while his younger brother and an 11-year-old cousin
tried to save him.

Solis is one of at least six motorists killed by defective airbags
made by Takata, a global automotive supplier. He may also be a
posthumous poster child for federal legislation introduced earlier
this week that would ensure car owners receive more timely information
about safety recalls.

Currently, federal law does not require car dealers to tell
prospective buyers about open recalls on used cars or whether defects
have been repaired. Legislation introduced by Sen. Ed Markey (D-Mass.)
and Sen. Richard Blumenthal (D-Conn.) wouldn't require that directly
of dealerships, but it would mandate that car owners be notified of
recalls when they apply for registration and at the time of
registration renewal.

"Important recall notices can get bogged down with legalese, and
busy consumers can miss a life-saving update," Blumenthal said.
"This legislation provides a common-sense avenue to ensure every
driver is reminded and encouraged to make the necessary
repairs."

Such a law may have prevented Solis' death. Although his '02 Accord
had been recalled in late 2011, his wife and lawyers say he had no
knowledge of the recall when he bought the car used from All Star Auto
Sales in 2014, nor did he know of the dangerous flaw when he set out
to visit his parents on Jan. 18.

Only one month earlier, Congress held hearings on Takata and Honda's
long-standing inaction related to the defective airbags. Documents
showed both companies were aware of problems with the airbags as early
as 2004, and a report in The New York Times detailed secret airbag
tests, the results of which alarmed Takata engineers. Yet the company
withheld the information from federal safety administrators.

Over a 10-year span, 11 automakers have issued two-dozen recalls for
approximately 14 million cars that contain the defective airbags. Two
weeks ago, the National Highway Traffic Safety Administration
announced it was fining Takata $14,000 per day because the company
hadn't fully cooperated with another federal probe into its faulty
airbags.

"Honda has known for a long time, and Takata has known for a very
long time, and they are not doing what is reasonable in fixing this
problem," said Don Kidd, a lawyer at Perdue & Kidd, the Texas
firm representing Solis' widow and estate.

But Solis didn't know, and that lack of knowledge led to a gruesome
death, according to court filings.

Instead of deploying normally in an accident, the malfunctioning
Takata airbags explode with lethal force. That's what happened in
Solis' Jan. 18 accident, which occurred on Cypresswood Drive in Harris
County, just outside his parents' apartment complex. A piece of metal
shrapnel from a ruptured casing severed Solis' carotid artery, jugular
vein and fractured the cartilage of his throat, according to a county
medical examiner's report.

He bled profusely from a gaping wound in his neck for several minutes.
Neither his brother, Scott, who arrived on the scene quickly, nor
emergency responders initially realized the shrapnel remained lodged
deep within Solis' neck. Solis gasped for breath through his fractured
windpipe before finally succumbing to his wounds, according to the
court filing. He died in his brother's arms.

"Everybody out there who has one of these vehicles that has not
had it fixed is at risk of having the exact same thing happen to
them," Kidd said.

Takata declined comment.

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