Table of contents
Plaintiffs have sued General Motors over airbag inflators that may rupture and software that allegedly kept airbags from deploying in some crashes. GM has also recalled vehicles for Takata and ARC inflators.
Two class actions name General Motors. The Florida case is the Takata multidistrict litigation, MDL No. 2599. The California case survived a pleading challenge in 2023, and GM asked the court in July 2026 to end it.
In December 2024, NHTSA backed away from its ARC inflator recall demand and said more investigation is warranted. Court rulings so far are procedural.
Lawsuit at a glance
- Case or litigation name: In re Takata Airbag Products Liability Litigation (MDL No. 2599); GM airbag-software class action
- Defendants: General Motors entities; Takata, FCA US LLC and Mercedes-Benz also in the MDL
- Court and docket number, when available: U.S. District Court, Southern District of Florida, Master File No. 15-02599-MD-MORENO; Northern District of California for the software class action
- MDL number, judge, and case count, when an MDL exists: MDL No. 2599, Judge Federico A. Moreno
- Filing date: MDL centralized February 5, 2015
- Main allegations: GM sold vehicles with defective Takata air bags; in the California suit, a software defect kept airbags from deploying
- Products or people involved: GM vehicles with Takata or ARC inflators; GM drivers whose airbags allegedly did not deploy (Milstead v. General Motors proposed class action)
Latest GM Airbag Lawsuit Updates
July 27, 2026: GM Asks Court to End Airbag Software Class Action
Law360 reported that General Motors urged a California court to end the proposed software class action [1]. GM argued that five years into the case, the drivers still cannot plausibly allege a defect in the vehicles’ safety software. That is GM’s argument only. The suit alleges a software defect kept airbags from deploying in some crashes in certain trucks and SUVs.December 18, 2024: NHTSA Backs Away from ARC Inflator Recall Demand
AP reported that NHTSA backed away from seeking a recall of nearly 50 million inflators made by ARC [2]. The agency’s document is dated December 13, 2024. NHTSA said more investigation is warranted. It will send more letters asking for information. It will also allow more public comment before it decides whether to issue a final decision.July 31, 2024: NHTSA Reaffirms Its ARC Inflator Decision
GM’s SEC filing states that NHTSA issued a Supplemental Initial Decision reaffirming its earlier Initial Decision on ARC inflators [3]. The agency also reopened the administrative record to additional public comments. This supplemental decision is NHTSA’s position on the inflators. It is an agency decision and not a court ruling. It does not decide any claim in the lawsuits.November 3, 2023: Judge Rules GM Airbag Software Class Action Can Proceed
Bloomberg Law reported that the amended complaint in Milstead et al. v. General Motors gave enough detail about the alleged airbag deployment defect, Judge Jon S. Tigar ruled [4]. The Northern District of California judge also found the drivers adequately alleged GM knew of it, so the class action advances past the pleading stage. That is a procedural ruling and no finding of a defect.September 5, 2023: NHTSA Issues Initial Decision on ARC Inflators
NHTSA issued an Initial Decision that about 52 million frontal driver and passenger airbag inflators, including those made by ARC, contain a safety-related defect, GM’s SEC filing states. The agency said they must be recalled. The decision rests on seven field ruptures of ARC inflators. It covers inflators made over roughly 20 years. ARC and automakers dispute the agency’s position.August 1, 2023: GM Recalls Almost 900 Vehicles over Takata Inflators
CNN reported that General Motors was recalling almost 900 vehicles worldwide [5]. The Takata-made inflator may explode. The recall followed a rupture in a 2013 Chevrolet Camaro in Brazil. CNN also reported that GM disputed the need for a Takata recall for four years before 2020. GM argued its tests showed the airbags, which have a different kind of inflator, did not pose a threat.May 12, 2023: NHTSA Demands ARC Inflator Recall and GM Agrees to Recall
Reuters reported that documents released the day before showed NHTSA demanded that ARC recall 67 million inflators [6]. GM agreed to recall nearly one million vehicles with ARC inflators. It followed a March rupture that injured a driver.December 12, 2022: Judge Narrows GM Airbag Software Class Action
Bloomberg Law reported that Judge Jon S. Tigar of the Northern District of California dismissed a proposed class action over a GM airbag software defect [7]. The plaintiffs were given leave to amend. The court limited the suit to California drivers. It held the plaintiffs did not plausibly allege that their vehicles had the purported defect. The ruling is procedural. It does not find a defect.November 25, 2020: GM Plans Takata Recall of Trucks and SUVs
GM planned to recall a range of Chevrolet, GMC and Cadillac trucks and SUVs to replace Takata passenger-side airbags after NHTSA rejected GM’s argument that they differed from recalled ones.May 29, 2020: Judge Trims Claims Against GM in Takata MDL
Law360 reported that a federal judge in Florida trimmed claims against General Motors in the Takata MDL [8]. The plaintiffs allege the automaker sold vehicles with defective Takata air bags. The judge tossed nationwide federal warranty claims. The ruling came down on both sides of claims brought under various state laws.May 6, 2019: GM and Other Automakers Fail to Escape Economic Damages Claims
Law360 reported that General Motors and other automakers failed to escape consumers’ economic damages claims in the Takata MDL [9]. The litigation combines claims of economic loss and personal injury over airbags made by Takata and used in vehicles from several automakers.February 5, 2015: Panel Centralizes Takata Air Bag Suits in Florida
The Judicial Panel on Multidistrict Litigation centralized five proposed class actions against automakers over Takata air bags in a Florida federal court, Law360 reported. The cases became MDL No. 2599 before Judge Federico A. Moreno.What Are GM Airbags?
According to Consumer Reports, the inflator is “a metal cartridge loaded with propellant wafers” [10]. It has sometimes ignited with explosive force. If the housing ruptures in a crash, metal shards can be sprayed through the cabin. NHTSA found the root cause of the Takata problem. Airbags used ammonium-nitrate-based propellant with no chemical drying agent. Moisture, high temperature and age are associated with the defect.Who May Be Affected?
Owners and occupants of GM trucks and SUVs from model years 2007 through 2014 with Takata passenger-side airbags may be affected. That group covers about 5.9 million vehicles in the United States. It includes Chevrolet Silverado, Tahoe, Suburban and Avalanche, GMC Sierra and Yukon, and Cadillac Escalade models. Other circumstances that may matter include:- 2013 Chevrolet Camaro, Sonic and Volt and Buick Verano vehicles in the August 2023 recall
- GM vehicles with ARC inflators
- Drivers in the Milstead v. General Motors proposed class action who allege their airbags did not deploy
Think you may qualify?
Schmidt & Clark offers a free case review to people hurt by an airbag that ruptured or did not deploy in a GM vehicle. The review looks at your facts and records. A review does not promise eligibility or any result.
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Reported Injuries or Damages
Complaints in the Takata MDL allege economic loss and personal injury from defective air bags. The California case alleges airbags that did not deploy in certain crashes. These are allegations only. NHTSA says, per AP, ARC inflators in about 49 million vehicles from 13 manufacturers are at risk of rupturing. It links them to at least seven injuries and two deaths in the U.S. and Canada since 2009. Several automakers argued the data did not show a systemic design defect. NHTSA’s view is a regulator position and not a court finding. Reports do not prove that an inflator caused every incident.Recall and Regulatory Background
The August 2023 GM recall covers 767 vehicles in the United States, 101 in Canada and 46 elsewhere. Dealers replace the driver-side air bag module for free. NHTSA has not issued a final decision on the ARC inflator recall. GM says it does not believe further GM vehicle recalls are necessary at this time.Evidence to Preserve
Records and physical items can matter in an airbag case. Save the following, if you have them:- Vehicle identification number (VIN)
- Recall notices and repair orders
- Purchase or lease records
- Photographs of the airbag, steering wheel and crash damage
- Police and crash reports
- Medical records and bills
- Any parts removed from the vehicle
- Messages with GM or the dealer
Filing Deadlines
Filing deadlines come from state law. They differ with where you live and when the crash, injury or discovery of the defect happened. A late filing can end a claim. A lawyer can tell you which deadline applies to your crash, and the sooner you ask the better.Frequently Asked Questions
Are ARC Inflators the Same as Takata Inflators?
ARC inflators are not the same as Takata inflators. The Takata problem has been tied to ammonium-nitrate propellant without a drying agent, and GM has recalled vehicles for both Takata and ARC inflators.What Does the Research Say About ARC Inflators?
The research on ARC inflators is NHTSA’s analysis. It says a common friction welding process puts all the subject inflators at risk of rupturing, but most will not rupture on deployment. Seven inflators ruptured in the field in the U.S. and 23 in testing.Did GM Settle the Takata MDL Cases?
GM has not settled the Takata MDL cases. Other automakers have. Consumer Reports lists Ford’s July 17, 2018 class settlement and settlements with BMW, Mazda, Subaru and Toyota in its Takata recall timeline, but none for GM.How Many Deaths Have Takata Airbags Caused?
Takata airbags have caused at least 26 deaths in the United States, CNN reported. They also left more than 400 occupants with injuries that included blinding and maiming. These figures cover Takata airbags in many makes.References
- https://www.law360.com/articles/2504845
- https://www.clickondetroit.com/business/2024/12/18/us-retreats-from-massive-air-bag-recall-and-says-industry-comments-show-need-for-more-investigation/
- https://www.sec.gov/Archives/edgar/data/0001467858/000146785826000035/gm-20260331.htm
- https://news.bloomberglaw.com/product-liability-and-toxics-law/gm-plaintiffs-raise-viable-airbag-defect-claim-in-latest-try
- https://www.cnn.com/2023/08/01/business/general-motors-takata-recall
- https://www.freemalaysiatoday.com/category/business/2023/05/13/us-demands-recall-of-67-million-airbag-inflators
- https://news.bloomberglaw.com/litigation/gm-drivers-claims-alleging-defective-airbag-software-fail
- https://law360.com/retail/articles/1278336/gm-gets-claims-trimmed-in-takata-airbag-mdl
- https://www.law360.com/cases/545c006b62eefd3069000001/articles
- https://www.consumerreports.org/cars/car-recalls-defects/takata-airbag-recall-everything-you-need-to-know-a1060713669/


