The onslaught of defective automobile airbags continues. “Continental Automotive, a unit of Germany-based Continental AG (CONG.DE), told the U.S. National Highway Traffic Safety Administration that electronic systems built from 2006 through 2010 and used in 5 million vehicles may fail and air bags may not deploy in a crash or may inadvertently deploy without warning.” A recent NHTSA recall involves approximately 5,000,000 vehicles worldwide, including 500,000 in the United States. Continental reported to NHTSA that if the defect is not repaired, “all restraint systems, including the airbags may not deploy in a crash, which could increase the risk of serious injury or death.” According to Vehicle.Pro, “[i]n January 2008, Continental conducted its first round of investigation when a malfunctioning air bag control system was removed from a Mercedes auto.”
Wites & Kapetan, P.A. is currently representing individuals that own impacted vehicles. Marc Wites of Wites & Kapetan has been litigating class actions involving automobile defects since the 1990’s, including a class action against Ford Motor Company that led to a recall of Ford Explorers with defective lift gates. For more information about your rights and potential claims concerning Continental Automotive airbags, contact Wites & Kapetan, P.A.
A list of the vehicles believed to be affected is below. If you own one of these vehicles, contact your nearest dealer or visit the website of your manufacturer for more information.
2008-2009 Chrysler Town & Country
2008-2009 Dodge Grand Caravan
2009 Dodge Journey
2008-2010 Honda Accord
Wites & Kapetan is investigating the recall of approximately 8 million vehicles with defective airbags from Continental Automotive. Vehicle owners may have damages in the form of rental car costs, repair costs, and/or the diminished value of their vehicles.
What is a class action?
A class action is a lawsuit brought by one person that has a claim that is the same or similar to a larger group of people. The person bringing the lawsuit is commonly referred to as the "Class Representative” or the "Named Plaintiff". The larger group of people is called the "Class"
How many people are necessary to begin a class action?
Only one. A class action may be initiated by only one person, who serves as the Class Representative and files the class action lawsuit on behalf of the Class. The Class in some class actions may include tens of thousands, or even hundreds of thousands of persons. Class actions may also involve much smaller groups, where the Class has only a few hundred people, and even as few as 40 or so. In either event, only one person is required to come forward to begin the class action lawsuit by serving as the Class Representative and filing the class action complaint with their lawyer.
What types of cases may be class actions?
The law of class actions, and the rules of civil procedure that govern class actions, applies to virtually all cases, provided that such case satisfies the requirements to be a class action. For example, class actions may involve defective products; fraud in the sale of securities (i.e., stock); antitrust violations; overcharging for products and services such as insurance or fees in real estate transactions; charging a fee when no service is provided; unfair and deceptive trade practices; and pharmaceuticals.
Do I have to pay a lawyer to start a class action?
No. Class action lawyers work on a contingency fee basis, which means that you, as the Class Representative, are not obligated to pay your lawyer’s attorney’s fees or costs. If the case is successful, the lawyers will ask the Court to award them, from the recovery obtained for the Class, attorney’s fees and the reimbursement of their costs.
How long does a class action take?
Class action lawsuits are complex and difficult to litigate. While some class actions may be resolved in a year or two, it is not uncommon for class actions to remain in court for many years.
Does Wites & Kapetan only handle class actions?
Marc A. Wites has worked on class action litigation for the past 20 years, and has done so at Wites & Kapetan since 2001. Marc and the firm also represent individuals with significant injuries in cases other than class actions.