Recall of the Citroën C3 and DS3: “Stellantis will be held liable” according to this Montpellier lawyer who is taking collective action

L'avocat montpelliérain David Guyon vient d'engager un recours mutualisé contre Citroën. – DR

The defective Takata airbag scandal has taken a dramatic turn, affecting millions of vehicles around the world. In France, Citroën recalled DS3 and C3 models from 2009 to 2019 to replace dangerous parts. David Guyon, a lawyer from Montpellier, has just initiated collective proceedings.

You have taken collective action against Citroën. Why ?

This collective action is essential to allow victims to obtain fair compensation and to hold the Stellantis automobile group, including Peugeot, Citroën and Opel, responsible for its defective products. Collective action creates a balanced balance of power in relation to this automobile juggernaut. A simple user has no means of pressure.< /p>

Steel particles propelled at more than 300 km/h

In airbags, it is a gas generator which allows the cushion to inflate. But on the Takata model, the gas could have been altered by an infiltration of hot air and humidity. When the latter is triggered, the gas begins to burn too quickly, which, under the pressure, causes the steel casing to explode. The degradation of the gases contained in the airbags leads to propulsion at more than 300 km/h, small pieces of metal towards the face, "which could have led to the death of around twenty people in France", explains David Guyon.

Where are you with this action which will certainly last over time ?

I spend my time on the phone. The procedure can take 3 years, especially if I take on 300 people. The purpose is not the court decision, but that Citroën contacts me to offer me loan vehicles as a priority for my customers, and that they are paid a certain sum to compensate them for their prejudices.

Will each case be particular ?

Yes, hence the interest in such an action. We are talking about a mutualized appeal. The issues are not the same for everyone. If you work with your car, if you live in a rural area, if you are an elderly person, etc. I have a network of partner lawyers, on whom I will deploy my cases, with acceptable pricing conditions. Most customers are retired or working people with modest incomes who cannot afford another car or pay high legal fees.

Other brands have recalled vehicles in the past. How is it different with Citroën ?

In its scale, this campaign is unprecedented. There have been deaths and all of Europe is concerned, because the same rules apply. Before the judicial court, unlike criminal proceedings and Other lawyers have been able to engage, the objective is to obtain reparation and therefore compensation. There is a “flow control strategy”. Basically, if you do a recall campaign for all brands at the same time, it will be a cacophony! Citroën is, in my opinion, the first in a long series.

What points will you address to obtain global compensation?

The recall of vehicles has three major consequences. First of all, your vehicle is no longer worth anything to Argus. Then you are more assured. If something goes wrong, your insurer will not insure you since the manufacturer says that you should no longer use your vehicle. And if you drive recklessly, you are considered a traffic offender, in violation and you find yourself facing criminal charges. It’s a crime. This immobilization campaign has consequences of which drivers are not always aware.

Should you then continue to pay your insurance?

In this immobilization damage, your vehicle is no longer of any use. In law, the principle that applies is that even if your vehicle is in a parking lot, you are involved in the event of an incident. And Citroën is not going to pay for the insurance that you paid for for nothing.

How will you calculate this damage?

Compensation is mandatory. We just don't know how much, but it can be calculated. There is moral damage since we have been exposed for several years to a risk of death or serious injury. Financial loss linked to all the solutions that had to be found to travel differently, the insurance paid for many months without the possibility of using the vehicle. Damage to the lost value of the vehicle. It is undeniable that Citroen will be held liable. Article 1245 of the Civil Code places Citroën in a no-fault, and therefore automatic, liability regime. Citroen could turn against Takata, but the latter no longer exists!

Is Citroën a victim of the equipment manufacturer Takata ?

The law supplants the contract, it is superior to it. She says that you cannot put a defective product into circulation. If this is the case, it is "automatic" of the manufacturer which is engaged.

It seems that Citroën was aware of the problems with the Takata airbag for a long time ?

At least since 2016. The victims have been fighting ever since. It was under pressure from the courts that Citroen ended up ordering this recall campaign. They can no longer say that they didn't know.

Is there a question of scandal?

A vehicle manufacturer cannot put economies of scale ahead of customer safety. We must create a balance of power. Reverse it. Changing the airbag is the best situation for them. Obtaining the loan of a courtesy vehicle with compensation for damages is not the current reality. What do they do with the harm suffered ?

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