Hawaii has filed the first state lawsuit against Japanese manufacturer Takata Corp. and Honda Motor Co. Ltd. alleging they intentionally sold cars that were made with dangerous air bags.
The lawsuit filed in First Circuit Court by the state Office of Consumer Protection for unfair and deceptive practices is seeking the maximum civil penalty of $10,000 per violation to be paid to the state. It is also demanding that Honda launch a campaign to alert consumers about the dangers of the defective air bags and the need to seek repairs.
About 70,000 cars with Takata air bags have been sold to Hawaii consumers, though the state said it is not aware of any residents being harmed. Nationally, 45 percent of the faulty air bags in Honda vehicles have been replaced, according to a Honda website.
Hawaii drivers are particularly at risk because of the state’s high temperatures and humidity, which could lead to built-up pressure and cause the steel interiors of the air bags to burst, sending shrapnel through the vehicle.
Honda says 10 individuals in the U.S. have been killed by metal debris when Takata air bags exploded in their cars, and more than a hundred have been injured.
“Takata made the decision to switch to cheaper ammonium nitrate to inflate its air bags knowing the risk of the chemical used to propel rockets and for mining and demolition,” said Stephen Levins, executive director of the Office of Consumer Protection, at a press conference Friday. “Though Takata’s own
testing showed that the ammonium nitrate propellant was unpredictable and prone to explode, Takata sold its air bags to automakers knowing they would be installed in vehicles and sold to consumers.”
In addition, Honda continued to sell cars with Takata air bags even when it became aware of the problem, and failed to adequately pursue recalls while “subjecting consumers to an ongoing risk of serious injury and death.”
“We have companies come into our state and try to take advantage of citizens and put them at risk. Takata and Honda put their own profits and reputations ahead of honesty and their customers’ safety,” Levins said. “There’s a situation that’s intolerable, and we’re not going to put up with it. We intend to hold them accountable for their conduct.”
“This is a very, very serious public health issue,” Levins said. “There are serious consequences if this happens to someone.”
The complaint names Takata, American Honda Motor Co. Inc. and Honda of America Manufacturing Inc.
Calls to Takata’s office in Los Angeles and a company spokesman late Friday were not immediately returned.
Honda hasn’t yet received the lawsuit, so it can’t comment, said Chris Martin, a spokesman for American Honda Co., in an email. Martin said Honda is cooperating with the government on the Takata air bag inflator issue.
Levins said local dealerships have an obligation to fix the air bags, though many do not have a sufficient quantity of parts in the islands. Hondas might not be the only cars affected. Takata at one time had a
25 percent market share, and at least 11 car manufactures are possibly affected, Levins said.
The state is urging consumers to check whether their vehicles are affected at safercar.gov and to make an appointment to have their air bags replaced as soon as possible.
“Authorized Honda and Acura dealerships will make appropriate repairs at no charge to the customer. If an owner requests alternative transportation while awaiting repair, while the repair is in progress, or if there is a delay in repairing an affected vehicle, Honda and Acura dealers are authorized to provide a free loaner or rental vehicle,” according to the Honda-run website hondaairbaginfo.com.
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The Associated Press contributed to this report.
