Airbags are meant to save lives, reducing the severity of injuries in a crash. When they work correctly, they can make a significant difference in a collision’s outcome. However, a defective airbag can cause more harm than good, leading to severe injuries or even fatalities.
If you or a loved one suffered injuries due to a malfunctioning airbag, you could take legal action to recover financial compensation for your losses. You need to know how to file a defective airbag lawsuit and what you can expect from the process.
Holding the manufacturer accountable and obtaining compensation requires extensive legal knowledge and the skills to negotiate a fair settlement. If your lawsuit goes to court, you must have an attorney to help navigate the process and represent you at trial.
While this article covers general concepts of a defective airbag lawsuit, you must contact a product liability attorney near you for specific advice and guidance on your case.
A lawyer can inform you of the steps to take and assist you throughout the process. They can handle every aspect of your case and greatly increase your chances of obtaining maximum compensation.
For a free legal consultation, call 516-451-7900
Understanding Airbag Defects
Airbag defects have injured and killed thousands of people over the years. Manufacturers recall defective airbags when problems become widespread, but many remain on the road, putting drivers and passengers at risk.
Recent Statistics on Airbag Defects and Injuries
The National Highway Traffic Safety Administration (NHTSA) has linked defective airbags to multiple fatalities, with millions of vehicles recalled for safety issues. For example, the Takata airbag recall affected over 67 million vehicles, making it one of the largest automotive recalls in history. Some of these airbags exploded on deployment, sending metal fragments into vehicle occupants.
To date, defective airbags have caused more than 30 deaths and hundreds of injuries in the U.S. alone.
Common Types of Airbag Defects
Defective airbags can malfunction in several ways, increasing the risk of serious injuries instead of preventing them. Some of the most common airbag defects include:
Failure to Deploy
An airbag that doesn’t deploy in a crash leaves the driver and passengers unprotected. This defect can result from faulty sensors, wiring issues, or software malfunctions.
When an airbag fails to inflate during an accident, the force of the impact is absorbed entirely by the vehicle occupants, leading to severe injuries such as head trauma, spinal injuries, and broken bones.
Premature Deployment
Some airbags deploy unexpectedly, even when there’s no crash. A sudden deployment while driving can startle the driver, obstruct their vision, or cause them to lose control of the vehicle, leading to a collision. Premature deployments often stem from defective crash sensors, electrical failures, or software glitches.
Excessive Force Deployment
Airbags are designed to deploy at high speeds, but when the force is too strong, they can cause serious injuries instead of preventing them. Overly aggressive deployment has caused broken facial bones, eye injuries, burns, and even fatalities.
Children and smaller adults are particularly at risk when airbags deploy with excessive force. This problem may be caused by defective inflators, incorrect calibration, or sensor failures.
Shrapnel Ejection
Some airbags have been found to explode upon deployment, sending sharp metal fragments into the vehicle cabin. This defect is most commonly associated with the Takata airbag recall, which affected millions of vehicles worldwide.
The issue stemmed from a faulty inflator that degraded over time, causing it to rupture and eject shrapnel. Injuries from shrapnel ejection can cause deep lacerations, eye injuries, and even deaths.
Airbag defects can turn a safety feature into a dangerous hazard. If an airbag malfunction causes injuries, legal action may help hold the manufacturer accountable and recover compensation for medical expenses, lost wages, and other losses.
Major Recalls and Manufacturers Involved
Several major auto manufacturers, including Honda, Toyota, Ford, and BMW, have issued recalls due to airbag defects. The Takata recall alone affected millions of vehicles, with reports of airbags rupturing and causing fatal injuries.
Signs Your Airbag May Be Defective
Certain warning signs suggest an airbag defect, including:
- The airbag warning light staying on or flashing
- A delayed or failed deployment during an accident
- An airbag that deploys unexpectedly
- Strange noises or hissing sounds from the airbag module
- Recalls or safety bulletins related to your vehicle’s airbags
If you notice anything out of the ordinary, have a mechanic check out your vehicle. Many manufacturers have issued airbag recalls. If you get a notice, respond as soon as possible. If the product is under recall, it should cost you nothing to have the faulty airbag replaced.
Determining If You Have a Case
Filing a lawsuit for a defective airbag requires proving that the airbag malfunctioned and directly caused injuries. Manufacturers, suppliers, and other parties involved in the production and distribution of the airbag may be held responsible. Understanding the key elements of a valid claim can help determine whether legal action is an option.
Qualifying Factors for a Lawsuit
Several factors establish whether an airbag defect lawsuit is valid:
- The airbag was defective: The defect could involve faulty design, manufacturing errors, or inadequate warnings.
- The defect directly caused injuries: A failed deployment, excessive force, premature deployment, or shrapnel ejection must be linked to the injuries suffered in the crash.
- The airbag was used as intended: The vehicle must have been in normal operation, without modifications that could have contributed to the malfunction.
- Losses resulted from the defect: Recoverable damages may include medical bills, lost income, and other financial hardships caused by the injury.
Product liability cases typically focus on strict liability, negligence, or breach of warranty. In strict liability cases, proving that a defect existed and caused harm is enough to hold the manufacturer accountable, even if the company was not negligent.
In any defective product case, including claims for defective airbags, it is critical that the product be maintained. If the vehicle is repaired or you are no longer in possession of it, this can be fatal to moving forward with a claim.
Types of Damages You Can Claim
A defective airbag injury can lead to financial burdens and long-term complications.
Victims may seek compensation for:
- Medical expenses: Emergency treatment, surgeries, hospital stays, rehabilitation, and future medical care.
- Lost wages and reduced earning capacity: If the injury prevents returning to work, compensation may cover lost income and diminished ability to earn in the future.
- Pain and suffering: The physical and emotional impact of injuries, including chronic pain, scarring, disfigurement, and emotional distress.
- Property damage: If the airbag caused damage to the vehicle’s interior or other components, repair or replacement costs may be included in the claim.
Statute of Limitations Considerations
Each state imposes a deadline for filing a defective airbag lawsuit. In New York, you must file a personal injury lawsuit within three years from the date of injury. However, product liability claims against manufacturers may involve different time limits depending on the circumstances.
Missing the deadline can result in losing the right to pursue compensation. Consulting an attorney as soon as possible ensures the case remains within legal time limits.
Documentation Needed to Support Your Claim
Gathering strong evidence is essential for proving that a defective airbag caused injuries.
Helpful documentation includes:
- Medical records: Proof of injuries and medical treatment linked to the airbag defect.
- Accident reports: Police reports that document the crash and any mention of airbag malfunction.
- Vehicle inspection reports: A professional assessment of the airbag system after the crash.
- Recall notices or safety bulletins: Documentation showing that the manufacturer was aware of defects.
- Photos and videos: Images of the airbag deployment, vehicle damage, and visible injuries.
- Witness statements: Testimonies from passengers, bystanders, or emergency responders.
- Defective Product: The defective product must be maintained to allow for investigation and inspection by all involved parties.
Establishing a case requires clear evidence that the airbag was defective and caused harm. If injuries resulted from a faulty airbag, seeking legal representation can help hold the manufacturer accountable and recover financial compensation.
Steps to File Your Lawsuit
Holding a manufacturer accountable for a defective airbag requires legal action, evidence collection, and expert analysis. Filing a lawsuit involves several steps, from the initial investigation to potential courtroom proceedings. Each stage plays a role in building a strong case and maximizing the chances of obtaining compensation.
A. Initial Investigation
Before filing a lawsuit, you and your attorney must gather evidence and confirm the airbag is faulty.
Preserving Evidence from the Accident
The vehicle itself serves as key evidence in an airbag defect case. Avoid repairing, selling, or altering the car after an accident until an attorney can arrange for an expert inspection. Analyzing the airbag module, sensors, and deployment system may determine if a defect caused the malfunction.
Obtaining Medical Records
Medical records provide proof that injuries resulted from the airbag failure. Emergency room visits, doctor’s notes, and diagnostic tests all help link the defect to the harm suffered.
Gathering Vehicle Maintenance History
A complete service history shows whether the vehicle was properly maintained. This prevents manufacturers from shifting blame onto poor maintenance or unauthorized modifications. Maintenance records also help rule out unrelated mechanical failures.
Collecting Recall Notices or Safety Bulletins
If a recall or safety warning was issued for the airbag, this strengthens the claim. These documents prove that the manufacturer knew about the defect but may have failed to act quickly or effectively.
B. Legal Consultation
Defective airbag claims involve large manufacturers and insurance companies that aggressively defend themselves. Working with an attorney who has experience handling product liability cases ensures proper legal representation.
To assess the case, a lawyer may ask for:
- Medical records detailing injuries
- Accident reports describing the crash
- Photos or videos of the vehicle and deployed airbag
- Correspondence with insurance companies
- Repair or recall history for the vehicle
Before hiring an attorney, asking the right questions can clarify what to expect:
- What experience do you have handling airbag defect claims?
- How will you investigate and build my case?
- What compensation can I pursue?
- How do you handle legal fees
Understanding Fee Structures
Many personal injury lawyers handle cases on a contingency fee basis, meaning legal fees are paid from a settlement or court award. This structure ensures that injured victims can pursue compensation without upfront costs.
C. Filing Process
The lawsuit officially begins when an attorney files a complaint in court. This document outlines:
- The airbag defect and how it caused injuries
- The damages being sought
- The defendants, which may include the airbag manufacturer, vehicle manufacturer, or component suppliers
Serving Notice to Defendants
After filing, the defendants must receive official notice of the lawsuit. This process ensures that all parties are aware of the claim and have an opportunity to respond.
Meeting Court Deadlines
Each case follows strict filing and procedural deadlines. Missing deadlines could delay or even dismiss a claim. An attorney submits all documents on time.
Understanding Jurisdictional Requirements
The lawsuit may be filed in the state where:
- The accident occurred
- The plaintiff resides
- The defendant operates
Understanding jurisdiction is important because different states have different product liability laws. An attorney determines the best location to file the case.
What to Expect After Filing
Defective airbag cases typically follow a timeline:
- Discovery process: Both sides exchange evidence and interview witnesses.
- Settlement negotiations: Many cases resolve through negotiations before trial. If the manufacturer refuses a fair offer, legal proceedings continue.
- Possible trial proceedings: If the case doesn’t settle, a judge or jury decides the outcome.
Factors Affecting Settlement Amounts
The settlement depends on medical costs, injury severity, and long-term impacts. Defendants often assess liability risks before making offers.
Class Action vs. Individual Lawsuit
A class action pools multiple claims against the manufacturer, while an individual lawsuit seeks compensation specific to your injuries. Your attorney can explore both possibilities with you and determine the best course of action.
Multiple Liable Parties
Several parties may bear liability for your injuries and losses stemming from a faulty airbag. They include:
- Airbag manufacturers
- Vehicle manufacturers
- Auto parts suppliers
Insurance Company Involvement
Manufacturers often rely on insurance companies to handle claims. These companies may try to reduce or deny payouts. Your lawyer can push back at any defense tactics to ensure you receive full compensation.
What Happens if the Manufacturer Files for Bankruptcy?
If an airbag manufacturer files for bankruptcy, a compensation fund may be established for victims. Your lawyer can explain the process of obtaining compensation in this type of case.
Contact Rosenberg & Gluck, LLP for Help
If a defective airbag caused your injuries, Rosenberg & Gluck, LLP can help you seek financial recovery. Our team has experience handling complex product liability cases, ensuring manufacturers take responsibility for their faulty products. Contact Rosenberg & Gluck, LLP today for a free case evaluation and learn how we can fight for the compensation you deserve.
