June 16, 2023
Automotive Companies Refusal To Recall Airbags Places Consumers At Risk

A Tennessee-based company, ARC Automotive, has refused to recall 67 million air bag inflators, despite a request from the National Highway Traffic Safety Administration (NHTSA) to do so. After an eight-year investigation, the NHTSA concluded the ARC inflators have a safety defect that creates an unreasonable risk of death and injury.

The NHTSA agency demanded ARC recall the inflators because they could explode and spread shrapnel throughout the passenger compartment. The company argued the recall demand exceeds the agency’s legal authority and auto manufacturers, not equipment manufacturers like ARC, must do recalls. It appears the company could be heading for a legal battle with auto safety regulators.

ARC’s rejection of the recall means the NHTSA might arrange a public hearing and file a lawsuit to compel the company to issue a recall. Consequently, the company may face legal penalties and be obligated to provide compensation or pay fines to individuals affected by faulty airbag inflators. Penalties for violating federal safety regulations may include fines, imprisonment and civil penalties. The specific penalties would depend on the nature and severity of the violation and the applicable federal and state laws. Many experts believe ARC is simply on the wrong side of public relations and automotive history.

Fighting a safety recall is the worst-case scenario when it comes to public relations. In 2019, the now-defunct Takata Corp. was responsible for the largest recall in automotive history. The Takata recall began in 2008 when reports of airbag ruptures and injuries emerged. Takata, a Japanese automotive parts manufacturer, supplied faulty airbag inflators to numerous automobile manufacturers, including Honda, Toyota, Ford, General Motors, BMW and others. Initially, the recall was limited to specific regions with high humidity, such as Gulf Coast states. However, it later expanded to include vehicles worldwide due to concerns about the long-term safety of the affected airbags.

We represent people who are injured because of the careless and reckless acts of others.  At the end of the day your case can only be settled one time and you need to know all of the facts beforehand. The reason that insurance companies have paid our clients in excess of $130,000,000.00 is that we get the facts and are not intimidated at the prospect of going to trial when insurance companies fail to offer full compensation. We help with serious injuries that require serious representation. We are the Law Offices of Guenard & Bozarth, LLP. Our attorneys have more than 60 years of experience specializing in only representing injured people. Call GB Legal 24/7/365 at 888-809-1075 or visit www.gblegal.com We would be honored to represent you!






Guenard & Bozarth llp obtained a $2,962,903 jury verdict in the Sacramento County Superior Court for plaintiff David Schoonover, who suffered head and neck injuries and fractures in a head-on accident on Roseville Road in Roseville on July 22, 2012




Guenard & Bozarth LLP recently settled a case for $300,000 involving a hair weave that went terribly wrong. Our client was a young lady, and aspiring model, who experienced pressure necrosis from a tight weave and it changed her life.




Guenard & Bozarth LLP recently settled a slip and fall case for $500,000 a couple weeks before trial. The client slipped and fell on a wet piece of cardboard in a grocery store and sustained a serious shoulder injury that required surgery.




On February 13, 2013 Maricela, a Certified Nursing Assistant presented to Santa Barbara Cottage Hospital Emergency Room with complaint of neck and back pain. She was diagnosed with a neck strain and was given Ibuprofen and instructed to return if her symptoms did not subside.


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