An automobile collision is a very stressful situation. A malfunctioning airbag during a crash can exacerbate the problem. You could suffer grave injuries and incur expensive medical expenses because of this dysfunction. If you have been in such an accident, some critical questions arise: “Can I sue if my car's airbag fails to deploy, causing my injuries?” “What if the airbags deployed and caused my injuries, can I sue?” “What is the path to securing compensation for my injuries?”
You can file a lawsuit to seek compensation for your airbag-related injuries. The compensation will not undo the harm the airbag failure caused, but it will help you manage your post-accident life. Our guide below explains how airbags work and what causes them to fail. This is important because it establishes the party liable for your injuries and losses and the target of your lawsuit.
Recent Successful Lawsuits Relating to Airbag Failure
The Takata airbag recall was a massive safety issue in the automotive world. The possibility of airbag failure upon deployment impacted millions of cars worldwide. The cause of the malfunction was a propellant that deteriorated with time, raising the possibility of an explosion and the release of hazardous shrapnel. Because of its broad scope, this recall, which started in 2015, is still the biggest in automotive history.
A flurry of litigation against Takata resulted from this recall. Following injuries or the deaths of loved ones as a result of airbag malfunctions, many filed lawsuits seeking compensation.
How Do Airbags Work?
Airbags are an integral part of vehicle safety. They operate by using a quick series of actions brought about by a collision. The car's sensors identify the impact's position and force. These sensors alert the airbag control unit if the severity rises above a preset level.
The control unit then activates the airbag inflator to start inflation. This inflator produces nitrogen gas very quickly through a regulated chemical reaction. The nylon airbag fabric unfolds from its compartment in the dashboard, steering wheel, or other specific places.
The airbag becomes a substantial, cushioned barrier between the occupant and the car's interior when inflated. By absorbing the force of the collision, this vital padding significantly reduces the chance of serious injuries, especially to the head, neck, and chest.
However, keep in mind that airbags are additional safety measures. They work with seatbelts and other safety installations to improve the overall safety of the vehicle’s occupants. Besides, airbags might not inflate in every crash situation because they are mainly designed for frontal and side impacts.
Manufacturers offer several additional guidelines other than wearing a seatbelt. These include:
- Keep a safe distance from areas where airbags can activate, such as the dashboard and steering wheel — This buffer area is necessary to reduce the risk of damage to the face, chest, arms, and neck from the force of the inflated airbag.
- Refrain from placing your feet on the dashboard — Airbags can cause serious injury to your legs and feet because they deploy very quickly. It is important to remember that airbags are made for adults, not children. For small children, the forceful deployment of the airbags can be dangerous, particularly if they are not safely buckled up in a child restraint system in the rear seat.
When to Sue After a Car Accident for Airbag-Related Injuries
The significant drop in fatalities indicates that, despite their occasional malfunctions, airbags are unquestionably effective in increasing vehicle safety. When they do fail, though, the danger of fatalities increases, and injuries are severe.
Let us look at some ways their failure could result in you suffering injuries. These also form the grounds for filing a lawsuit.
- Design Flaws and Manufacturing Defects
Despite extensive testing, modern airbags are susceptible to manufacturing errors and design flaws that impede airbag deployment. These problems can cause serious injuries and substantially impact airbag effectiveness.
One significant concern is faulty deployment. Airbags could fail to deploy in all grave incidents or may deploy in minor collisions due to malfunctioning sensors or control units, leaving occupants vulnerable.
Another risk is using too much force in deployment. Serious injuries, including facial fractures, fractured ribs, and internal organ damage, can arise from airbags that inflate with far greater force than intended due to design defects or malfunctioning inflators. The Takata airbag recall clearly illustrates the risks connected to this kind of flaw.
Further, manufacturing defects add to the risk. The possibility of shrapnel detaching and deploying with the airbag fabric due to compromised integrity of airbag components can result in serious injuries and punctures to passengers. This is further compounded when airbags are not positioned or sized correctly. A misplaced airbag could hit passengers dangerously, while an undersized airbag might not offer enough protection.
Nevada follows a strict liability standard for product liability claims involving airbags. This means you do not necessarily need to prove the manufacturer was negligent in designing or manufacturing the airbag. However, you must establish five essential components to succeed in a product liability case involving a faulty airbag:
- Defendant's responsibilities — You must demonstrate how the defendant was involved in the airbag's creation, production, marketing, or distribution.
- Pre-existing defect — The defect had to exist when the airbag left the defendant's custody to rule out harm from handling or installation in the future.
- The airbag was defective — You must present evidence of a specific issue, like faulty inflators, malfunctioning sensors, or poor design.
- Reasonably foreseeable use — You must show that you used the airbag in a way that the manufacturer might have reasonably expected. This will help you refute accusations of product misuse.
- Causation — It is critical to prove a direct connection between your injuries and the faulty airbag. The harm must be directly attributable to the flaw.
An airbag recall alone may not be sufficient to support a successful lawsuit, although it can be helpful evidence. Having all five of these components enhances your chances of a successful suit.
- Improper Installation of the Airbag
An improper installation gives rise to a negligence action against the installer. These could include a mechanic, a dealership, or an installer of aftermarket parts. You must prove that the installation's carelessness was the direct cause of the malfunction and your injuries.
Consider the following when pursuing a lawsuit based on improper installation of the airbag:
- Industry-standard violations — When airbag installers depart from the accepted industry norms, your claim is strengthened. These guidelines serve as best practices and corrective measures for the safe and efficient deployment of airbags.
- Ignored manufacturer guidelines — Another red flag is if the installer installs airbags in your car without adhering to the manufacturer's instructions. These instructions specify the precise actions and safety measures required to guarantee the airbag performs as intended.
- Broader negligence — The installer's general carelessness could give rise to legal action even without a specific violation of rules or specifications. This could include using defective equipment, skipping over component checks, or just not having the required education or experience to install airbags.
Proving one or more of these elements can establish carelessness in your case against the installation. If their carelessness was the direct cause of the airbag malfunction and the injuries you sustained, you might be eligible for compensation.
- Recycled or Counterfeit Airbags
Recycled or counterfeit airbags pose a significant danger to vehicle occupants. Certain repair shops use risky and unlawful practices that endanger drivers' safety.
One tactic is refolding deployed airbags. With internal structures and chemicals engineered for explosive, regulated inflation, airbags are made for single-use deployment. Refolding an airbag that has been deployed compromises its structural integrity. It will also make it unusable in a subsequent collision, depriving drivers of vital safety precautions.
In some situations, counterfeit airbags could also be installed. These are often made with substandard materials and may lack proper quality control. Counterfeit airbags could inflate incorrectly or fail to inflate during an accident, perhaps doing more harm than good.
Moreover, some repair businesses install secondhand airbags that they buy from junkyards. These airbags pose a grave safety risk since they are unreliable and may have already been deployed due to damage from prior collisions.
Strict liability applies when original equipment manufacturer (OEM) airbags malfunction. Recycled or counterfeit airbags, on the other hand, entail deliberately substituting a subpar airbag for an authentic one. Here, installing a faulty replacement takes precedence over the product.
Various parties could be the target of lawsuits involving recycled or counterfeit airbags, depending on the specifics:
- Installers — Mechanics and other technicians who, during a repair, used a recycled or counterfeit airbag may be held negligent.
- Vendors — Product liability laws impose liability on vendors who intentionally offer a recycled or counterfeit airbag for sale as an authentic replacement component.
- Manufacturers of counterfeit airbags — In extremely rare instances involving counterfeit airbags, the manufacturer of the counterfeit product could be sued. Finding and pursuing them, though, can be difficult. Most manufacturers do not recycle or use counterfeit airbags.
- Inadequate or Missing Warning Labels
Airbag safety is contingent upon federal standards set forth by the National Highway Traffic Safety Administration (NHTSA). These laws mandate both the design and labeling of airbags. This ensures that airbags satisfy performance standards for crash protection and include the appropriate warnings for drivers and passengers.
On the other hand, insufficient warnings could give rise to lawsuits. This could occur if a manufacturer blatantly disregards NHTSA labeling guidelines or neglects to alert consumers to a particular dangerous airbag flaw that is not covered by current laws.
Sellers could also be lawsuit targets when they tamper with the warning signs. Most sellers turn off audiovisual warnings and forget to turn them back on when selling the vehicle. If you are involved in a car accident resulting in injuries, you can sue the seller if he/she deletes or disables airbag warning signs.
Strict liability implies that, even in cases where there is no wrongdoing, the vehicle manufacturer is liable for damages if the manufacturer fails to adhere to the labeling and warning NHTSA standards. On the other hand, tampering with warning signs by a seller gives rise to a negligence claim.
The seller violates their legal duty of care by taking down or turning off airbag warning indicators. They must ensure the cars they sell are safe and equipped with working airbag warning systems.
In this situation, you must prove a definite causal relationship to prevail in court. Evidence is essential. This includes witness testimony attesting to the disabled warning system or service records demonstrating it. It must show that the seller's acts were the direct cause of the accident and the injuries that followed.
You might receive compensation for various accident-related damages if your claim is successful. It could cover other observable losses, such as pain and suffering, lost pay, and medical costs.
Note: The targets of your lawsuits become the defendants.
The Burden of Proof
As the plaintiff, you bear the burden of proving an airbag malfunction in court. It means you must persuade the jurors or court that the airbag did not function as intended. The legal standard for this burden is a preponderance of the evidence. This means that your evidence must show that it is more likely than not that the defendant’s actions or inactions caused your airbag-related injuries.
Several types of evidence are required to support your case. They include:
Data From Vehicle Data Recorders
Data recorders, which record information on the deployment of airbags following a collision, are a standard feature of modern cars. This information could be essential in demonstrating a malfunction.
Physical Evidence from the Accident Scene
It is not all about the statistics, though. Physical proof gathered at the site of the accident is also necessary. Scratch marks, airbag deployment patterns, and broken airbag components are examples of items experts can examine to determine what went wrong with the airbag.
Expert Witness Testimony
Expert witnesses are also quite important. Engineers with expertise in airbags or automotive systems can examine the evidence and provide a qualified assessment of whether a malfunction occurred. Additionally, if your car's model or year of manufacture is included in a known airbag recall, it will significantly improve your case.
Nevada’s Comparative Negligence Rule
Nevada is a modified comparative negligence state. This rule determines the amount of compensation at stake in airbag malfunction lawsuits. The system’s primary concern is the shared fault. The court considers all factors that contributed to your injuries, including the airbag malfunction and your behavior, like speeding or failing to yield.
Both you and the defendant receive a share of the jury's fault. The defendant's portion indicates the extent of their liability for the mishap resulting from the defect. This has a direct impact on your compensation. However, Nevada's system has stringent regulations that state that you cannot receive damages if you are more than 50% at fault.
The defendant may also impact your case. With the assistance of a personal injury attorney, you can choose the best defendant by determining the circumstances leading up to the airbag injuries. Your attorney will help you select the defendants who are significantly culpable and have the finances to maximize your potential compensation. This means it is possible to file a lawsuit against several defendants, depending on what caused your injuries.
Defendants often fight back by claiming contributory negligence to cut down on their liability. These claims often fall into two categories:
- Improper airbag use and
- Actions that significantly increased the risk of injury
The "improper airbag use" defense asserts that you violated safety regulations when operating the car. For example:
- Failing to fasten a seatbelt at the time of impact
- Placing a child in the front seat inappropriately, or
- Exceeding the weight limit for a particular seat
The particular facts of your case will determine if this defense is successful. The defendant's burden of proof is also a preponderance of the evidence. Defendants will attempt to demonstrate that their actions or inactions caused the accident and exacerbated their injuries.
Furthermore, airbag systems may not always provide complete protection because they are designed for particular collision circumstances. Therefore, the defense must demonstrate, which is difficult in many cases, that your conduct created a condition for which the airbag was deployed or failed to deploy accordingly.
The other defense strategy defendants could use centers on activities you engaged in before the accident that significantly increased your risk of injury. These include:
- Speeding
- Drunk driving, or
- Failing to give the right of way.
All these could have made for a more intense collision, even with a working airbag.
However, the heart of your case is that the airbag malfunctioned. The defect is still largely to blame for your injuries, even if the defendant establishes some contributory negligence. The malfunction interfered with the airbag's supposed protective function.
The compensation the courts will award you in a successful lawsuit caters to the following:
- Medical expenses
- Lost earning capacity
- Lost wages
- Pain and suffering
- Scarring and disfigurement
- Property damage
In the event you lose a loved one, you can file a wrongful death suit.
Find a Personal Injury Attorney Near Me
It can be challenging to deal with the legal complexities following an automobile accident involving a faulty airbag. Should you have sustained injuries, you have grounds to make a strong case for financial support. However, you should contact a Las Vegas personal injury attorney to help you understand your legal options.
At the Las Vegas Personal Injury Attorney Law Firm, we will assess your case, determine who is at fault, and pursue damages to compensate for lost wages, medical expenses, and emotional distress. Do not wait to schedule a free consultation if you need crucial legal counsel during this trying time. Contact us immediately at 702-996-1224.
