Defective Airbag Lawyer

L_E-35_year-badge(1)

Airbags are designed to protect vehicle occupants from serious injuries during a collision. When an airbag fails to deploy, deploys unexpectedly, deploys at the wrong time, or otherwise malfunctions, it can leave occupants vulnerable to devastating injuries. In some cases, an airbag defect can cause injuries that may not have occurred with a properly functioning restraint system or make injuries from a crash significantly worse.

Airbag defects can involve problems with the airbag’s design or manufacturing, as well as failures involving inflators, crash sensors, control modules, wiring, or other components. Determining whether an airbag was defective may require a detailed investigation of the vehicle, crash circumstances, airbag system, and resulting injuries.

If you or a loved one was injured because an airbag failed or malfunctioned during a crash, call experienced product liability firm Langdon & Emison at 866-931-2115 to discuss your legal options.

defective airbag lawyer

Common Types of Airbag Defects

Airbag systems contain multiple components that must work together to detect a crash and deploy the appropriate restraint at the appropriate time. A failure in any of these components can prevent the airbag from providing the protection it was designed to provide or cause it to deploy improperly.

Airbag Failure to Deploy

An airbag that fails to deploy during a crash may leave an occupant without an important layer of protection. A failure can potentially result from defective crash sensors, problems with the airbag control module, electrical defects, wiring problems, or defects in the airbag’s design or manufacturing.

However, airbags are not intended to deploy in every collision. Determining whether an airbag should have deployed requires evaluating the specific circumstances of the crash.

Unexpected or Unintended Airbag Deployment

An airbag that deploys when it should not can create its own dangers. An unexpected deployment may startle the driver, obstruct visibility, interfere with vehicle control, or directly strike an occupant.

Unintended deployment can potentially result from defective sensors, electrical problems, control-system defects, or other failures within the airbag system.

Defective Airbag Inflators

The inflator is responsible for generating the gas needed to inflate an airbag. A defective inflator may fail to produce sufficient pressure, deploy improperly, or rupture during the deployment process.

Inflator failures can be particularly dangerous because a ruptured inflator may send metal fragments or other debris into the passenger compartment, potentially causing severe penetrating or laceration injuries.

Defective Crash Sensors

Crash sensors provide information that helps determine when an airbag should deploy. If a sensor fails to detect a qualifying collision or sends incorrect information to the airbag control system, the airbag may fail to deploy or may deploy at an inappropriate time.

Improper Airbag Deployment Timing

Airbags must deploy within a very short period during a qualifying collision. If an airbag deploys too early or too late, it may not properly protect the occupant. The timing of deployment can be particularly important when the occupant is also relying on a seatbelt and other safety systems.

Defective Airbag Materials or Construction

The airbag cushion, seams, housing, and other physical components must withstand the forces associated with deployment. Defects in the materials or construction may affect how the airbag inflates or whether it remains intact during a crash.

Because an airbag system contains numerous interconnected components, identifying the source of a malfunction may require a detailed inspection rather than relying solely on the fact that the airbag did or did not deploy.

How Defective Airbags Can Cause or Worsen Injuries

A defective airbag can cause injuries directly or fail to protect an occupant from injuries that a properly functioning system may have reduced. The type and severity of the harm can depend on how the airbag malfunctioned, the circumstances of the crash, and the occupant’s position and use of other restraints.

For example, an airbag defect may:

  • Leave an occupant unprotected when the airbag should have deployed
  • Cause an airbag to deploy unexpectedly and strike an occupant
  • Cause an airbag to inflate improperly or with excessive force
  • Send fragments into the passenger compartment if an inflator ruptures
  • Prevent the airbag from working properly with the vehicle’s seatbelt and other safety systems

Potential injuries may include:

An airbag defect does not necessarily have to cause the underlying collision for a product liability claim to exist. A crash may have occurred regardless of the defect, but a properly functioning airbag could potentially have prevented or reduced the severity of an occupant’s injuries. Determining whether the airbag’s performance contributed to the harm requires examining the crash, the restraint system, and the resulting injuries.

Who May Be Liable for a Defective Airbag?

Determining who is responsible for a defective airbag requires investigating how the airbag system was designed, manufactured, assembled, and installed. Depending on the circumstances, more than one company may potentially be responsible for a defective component or system.

Potentially liable parties may include:

  • Vehicle manufacturers: A vehicle manufacturer may be responsible for defects in the vehicle’s airbag system or overall design.
  • Airbag manufacturers: A company that manufactured the airbag cushion or restraint assembly may potentially be liable when its product is defective.
  • Inflator manufacturers: A separate manufacturer may have produced the inflator or other components responsible for deploying the airbag.
  • Component manufacturers: Sensors, control modules, wiring, and other airbag components may be manufactured by separate companies.
  • Suppliers and distributors: Other companies involved in the vehicle’s supply chain may potentially have responsibility depending on the circumstances.
  • Repair facilities: Improper installation, repair, or replacement of an airbag system may contribute to a malfunction and could create potential liability.

A defective airbag case may involve multiple potential causes and responsible parties. An investigation can help determine what failed, whether the failure was caused by a product defect, how the defect contributed to the injuries, and which parties may be legally accountable.

What Compensation Can You Recover in a Defective Airbag Case?

If a defective airbag caused or contributed to serious injuries, an injured person may be able to seek compensation from the manufacturer or other parties responsible for the defective product. The damages available depend on the facts of the case and applicable state law.

Potential compensation may include:

  • Medical expenses: Costs associated with emergency care, hospitalization, surgery, medication, rehabilitation, and other treatment.
  • Future medical care: Ongoing treatment, therapy, medical equipment, or long-term care required because of serious injuries.
  • Lost wages: Income lost while recovering from injuries or receiving medical treatment.
  • Loss of earning capacity: Compensation for the impact a permanent injury or disability may have on future income.
  • Pain and suffering: Compensation for physical pain and emotional distress caused by the injuries.
  • Disability and disfigurement: Damages related to permanent limitations, scarring, or other lasting consequences.
  • Other damages: Additional economic or noneconomic damages may be available depending on the circumstances and applicable law.
  • Wrongful death damages: If a defective airbag contributes to a fatal crash, surviving family members may be able to pursue damages under applicable wrongful death laws.

The value of a defective airbag claim depends on factors including the severity of the injuries, the cost of medical care, the long-term effects on the victim’s life, and the evidence connecting the airbag defect to the harm.

What to Do After an Airbag Malfunction

If you believe an airbag failed to deploy or malfunctioned during a crash, preserving evidence can be critical. The vehicle and airbag system may contain information needed to determine what happened, particularly if the vehicle is later repaired, salvaged, or disposed of.

After a crash involving a potential airbag defect:

  1. Seek medical attention. Get evaluated for injuries and follow your healthcare provider’s treatment recommendations.
  2. Report the accident. Follow applicable reporting requirements and obtain a copy of the accident report when available.
  3. Preserve the vehicle. Avoid having the vehicle repaired, salvaged, or disposed of until the airbag system can be properly examined.
  4. Do not replace or remove airbag components. The airbags, inflators, sensors, control modules, and related components may provide important evidence.
  5. Document the crash. Preserve photographs, videos, insurance information, accident reports, and other relevant records.
  6. Keep medical documentation. Save medical records, bills, treatment recommendations, and other documentation related to your injuries.
  7. Contact an attorney promptly. Early investigation can help preserve physical evidence and other information that may be important to a product liability claim.

Taking these steps can help preserve evidence while an investigation determines whether a defective airbag caused or worsened your injuries.

Contact a Defective Airbag Lawyer

An airbag is designed to help protect you during a serious collision. When an airbag fails to deploy, deploys unexpectedly, or malfunctions during a crash, it can leave you vulnerable to catastrophic injuries or make existing injuries worse. If a defective airbag or component contributed to your injuries, the manufacturer or another responsible party may be held accountable.

Langdon & Emison has extensive experience handling complex product liability and defective vehicle cases nationwide. Our attorneys have recovered $1 billion for clients and have the resources to investigate defective airbag claims, preserve critical evidence, and pursue compensation from responsible parties.

If you or a loved one was seriously injured because of a defective airbag, call Langdon & Emison at 866-931-2115 to discuss your case.

Frequently Asked Questions About Defective Airbags

Why didn’t my airbag deploy during a crash?

Airbags are not designed to deploy in every collision. Whether an airbag should have deployed depends on factors such as the type, severity, and direction of the crash.

Can a defective airbag cause serious injuries?

Yes. A defective airbag may fail to protect an occupant or may deploy improperly and cause additional injuries.

Can an airbag deploy when it shouldn’t?

Yes. An unintended deployment may occur because of defective sensors, electrical problems, or other defects in the airbag system.

Can I sue a car manufacturer for a defective airbag?

Potentially. If a defective airbag or component caused or worsened your injuries, the manufacturer or another responsible party may be liable.

What if I was wearing my seatbelt when the airbag failed?

You may still have a product liability claim. Seatbelts and airbags are designed to work together, and an airbag defect may cause or worsen injuries even when an occupant is properly restrained.

How do you prove an airbag was defective?

Evidence may include an inspection of the vehicle and airbag system, crash data, accident reconstruction, engineering analysis, medical records, recalls, and evidence of similar incidents.

Should I preserve my vehicle after an airbag failure?

Yes. Avoid repairing, altering, or disposing of the vehicle or airbag system until it can be properly examined. These components may contain important evidence.

How long do I have to file a defective airbag lawsuit?

The deadline varies by state and depends on the circumstances of the claim. Statutes of limitations can be strict, so it is important to discuss your case with an attorney promptly.

How much is a defective airbag case worth?

The value depends on factors such as the severity of the injuries, medical expenses, lost income, long-term effects, and evidence establishing liability.

When it matters, we'll be there.

"*" indicates required fields

J. Kent Emision
Partner

Why Referring Attorneys Choose Langdon & Emison

Langdon & Emison works with referring attorneys across the country to help maximize their clients’ recoveries across an array of personal injury litigation. In just the past three years, we have paid more than $20 million to attorneys who have referred cases to our firm.