ARC Airbags Class Action

What is this lawsuit about?

Slater Vecchio LLP has filed a class action lawsuit against ARC Automotive, FCA (Chrysler), General Motors, Ford, Hyundai, Kia, BMW, Mercedes-Benz, Volkswagen and Audi.

In 2023, an investigation by the United States National Highway Traffic Safety Administration tentatively concluded that airbag inflators designed and manufactured by ARC Automotive, Inc. contain a defective component which has rendered millions of airbags in motor vehicles vulnerable to exploding and propelling shrapnel and debris through the cabin of motor vehicles upon deployment.

As a result of this finding, the National Highway Traffic Safety Administration requested that ARC Automotive, Inc. issue a recall to cure this defect:

“NHTSA is issuing this recall request letter to notify you that the Agency has tentatively concluded that a defect related to motor vehicle safety exists in the frontal driver and passenger air bag inflators under investigation that were produced before installation of borescopes on all toroidal inflator manufacturing lines in January 2018 (“subject inflators”), and to demand that ARC issue a Part 573 Recall Report addressing that safety defect.”

Despite this request, ARC Automotive, Inc. and many vehicle manufacturers have refused to recall the affected parts or vehicles.

To date, there have been multiple injuries and deaths in North America due to ARC Automotive, Inc.’s airbag inflators.

The action alleges that ARC Automotive, Inc. was negligent in its design of the airbag inflators and for its failure to warn Canadians of this defect or the safety risk it presents.

The action also alleges that the manufacturers of vehicles containing the airbag inflators were negligent in their design of the vehicles and for failure to warn, and have breached the Competition Act, RSC 1985, c C-34 and consumer protection legislation across Canada.

What is a class action?

A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.  

The individual who first files the claim must ask the Court for permission to proceed as a class action.  If permission is granted, and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and define the class group.  Each person who meets the criteria of the class group is considered a “Class Member”. 

Who does this class action represent?

This lawsuit seeks compensation on behalf of Canadians who own(ed) and/or lease(d) vehicles containing these dangerous and defective components and Canadians who have been injured as a result of the Defendants’ conduct. 

The proposed class action seeks to represent all individuals and legal persons in Canada who purchased and/or leased, and those who were injured or killed as a result of a defective airbag inflator in, one or more of the following vehicles:

Contact Slater Vecchio LLP  

If you purchased or leased one of the vehicles above, Slater Vecchio LLP would like to hear from you. Please submit your information through the form on this webpage.