Can You Sue A Manufacturer When Airbags Fail Or Injure?

Airbags are supposed to be your protector when a car accident happens, not a hazard. But what happens when that life-saving device fails to deploy or explodes with a dangerous amount of force? In such instances, your injury claim may extend beyond the other driver and extend to the manufacturer itself. Talk to a Miami personal injury lawyer about when product liability law intersects squarely with car-accident claims.

Types of Airbag Failures

Failures of airbags generally fall into one of three categories:

• Non-deployment. The bag doesn’t inflate, leaving occupants unprotected.
• Late or partial deployment. Airbag inflates too late or not properly, causing harm.
• Explosive deployment. A tragic defect sends shrapnel into the cabin.

There have been a range of cases connected to airbag failures. For example, there was a massive airbag recall in recent years that highlighted just how far-reaching these dangers can be. In that instance, over 100 million inflators were recalled worldwide due to their tendency to rupture and blast metal into vehicle interiors.

Strict liability is the most common basis for an airbag case to move forward. Then, if a product was defectively designed or manufactured and causes harm during normal use, the maker is responsible, even if there was no negligence.

Of course, design defects need to be proven. To demonstrate a design defect, there must be documentation of an airbag malfunction occurring beyond an acceptable risk level. An injured party must also show the manufacturing defect, pointing to the specific flaw in that unit.

Additionally, a failure to warn needs to be identified. A failure to warn means there were no adequate instructions or alerts about risks that would have allowed a consumer to adjust their behavior accordingly.

If you’ve been injured due to an airbag issue, hire a legal professional to guide you through the recovery process. A skilled Miami car accident attorney can investigate the inflator source, to determine if the issue is the airbag being OEM, aftermarket, or counterfeit. They will gather key evidence to support your position too, whether that is crash data, maintenance logs, or recall records.

Connecting with Expert Opinions

Seasoned attorneys are in contact with experts who could provide valuable insights, such as mechanics and engineers that are familiar with how to reconstruct deployment failures. Pinpointing which manufacturer is responsible is part of the process.

Your Miami personal injury lawyer can file a product liability claim alongside your car accident suit. This opens up more avenues for compensation, from medical bills and lost income to pain and suffering and punitive damages. No one expects an airbag to cause more injury than the crash itself, but defective airbags do. Whether it’s failed deployment or an explosion, manufacturers can be held accountable in court.

Was an airbag error involved in your collision injury? If you’ve been hurt by a safety feature, and especially if the harm seems inconsistent with the forces involved, seek legal counsel from the attorneys at Spencer Morgan Law. You may qualify to pursue justice and compensation under both product liability and personal injury laws. Call 305-423-3800 to book a confidential consultation.