With the ongoing Takata airbag recall, much attention has shifted to airbag injuries. General Motors (GM) is recalling over 7 million vehicles worldwide for airbag issues. Any product with a flawed design, manufacturing defects, or the lack of adequate warning about some inherent risks can lead to avoidable injuries or death. For instance, a plaintiff can file a personal injury claim against an airbag manufacturer if a properly designed and functional product lacks warning that it is not suitable for people over or under a specific height.

Essentially, a properly designed and functioning airbag is a crucial safety feature that can save lives and prevent catastrophic injuries during auto collisions. Research shows that airbags that deploy correctly can reduce fatalities during head-on crashes by over 25%. Faulty airbags that malfunction, fail to deploy, or deploy incorrectly can, on the other hand, cause avoidable injuries, even without impact or during low-speed crashes.

Understanding How Airbags Work

To understand how airbags work, you should know about the parts of the system and the role they play during an accident.

Here are the three main parts of an airbag and their functions:

  • The bag — The airbag is made from a light nylon fabric folded into the steering wheel on the driver’s side. This bag is folded on the dashboard or behind a panel on the passenger’s side. Usually, the bag on the passenger’s end is larger, and the one on the driver’s side has almost similar dimensions as a max-size beach ball. Some car models also have airbags on the car doors designed to deploy during side-impact collisions.
  • Sensor — Airbags are connected to crash sensors. They trigger airbag deployment when they sense crash impact when driving at speeds above 8 MPH. Most sensors are calibrated to deploy the airbag when they detect impact equivalent to smashing into a brick wall at 10 MPH.
  • Inflation System — Once the sensors deploy the airbag, the inflation system kicks in to release nitrogen or sodium azide and potassium nitrate. The gas bursts out in a large pulse to inflate the bag in less than a millisecond.

Airbags have small holes that allow the nitrogen gas to escape, causing the airbag to deflate. This also ensures the nylon nag gets out of your way to reduce the risk of suffocation, especially if you blackout following a collision.

Defects in Airbag Product Liability Cases; Who Is Liable?

Before you can obtain compensation for damages following airbag-related injuries, your attorney will first need to prove a product was defective.

There are three main types of airbag defects:

Design Defects

An airbag with a flawed design cannot provide the promised protection during auto collisions. An airbag can fail to provide impact protection or even cause more injuries depending on the design defect.

Manufacturing Defects

A good airbag design does not mean much if flaws happen during the manufacturing process. For instance, if an airbag manufacturer opts for substandard construction materials, an airbag can cause injuries by failing to provide the promised levels of protection.

Failure to Warn

You could obtain compensation for injuries from an airbag manufacturer if the product labels omitted crucial information about some inherent risks. For instance, airbag manufacturers have a duty to warn consumers about the high risk of catastrophic injuries to a child below 7 years riding in the front seat.

Likewise, airbags should contain warnings about the recommended height of the driver or passenger. Studies show that most airbag designs are not ideal for large or small-stature adults. For instance, a driver taller than 6 foot 3 has a 5% increased risk of suffering more significant injuries following a collision, while a driver shorter than 4 foot 11 faces a 4% increased risk.

Defective airbags can malfunction in various dangerous ways, including:

Deployment With Excess Force

American-style airbags are designed to deploy with greater force than Europe-style airbags. Even so, the pressure should not be excessive enough to cause significant injuries, especially for drivers who sit too close to the steering wheel.

Failure to Deploy

As aforementioned, airbags deploy when the sensors detect heavy impact when the car moves at about 8 MPH or faster. If the airbags deploy too late or fail to deploy at all, passengers involved in the collision are more likely to suffer severe spinal trauma.

Exploding Airbags

Airbags should deploy systematically to cushion the passenger. While the fast action of deployment is necessary, an airbag that explodes can cause devastating injuries. The Takata airbags, for instance, inflate with so much force that the pump explodes and throws out shrapnel and metal spikes.

Takata Corporation has recalled nearly 67 million airbags since 2013. To date, the corporation’s defective airbags have caused over 400 injuries and 19 deaths in the U.S. alone. Instead of using nitrogen gas fills, the company used ammonium nitrate, a gas notorious for becoming unstable when exposed to moisture or high humidity levels. While ammonium nitrate gas fills work beautifully in airbags, just like nitrogen gas fills, Takata failed to use a chemical drying agent. The recalls will cost the corporation approximately $1.2 billion, not to mention the ongoing class-action lawsuit filed by injured plaintiffs. Moreover, some automakers are also facing claims as accident victims allege that they knew or should have known about the dangers posed by Takata airbags.

Incorrect Airbag Deployment

An airbag should deploy upon moderate or severe impact. Some of the factors that can determine if and when the airbag deploys include:

  • Vehicle’s speed in MPH
  • Direction of impact
  • Airbag design
  • Location of the sensors

Moreover, an airbag can fail to deploy as intended because of malfunctions. Defective crash sensors or even computer aviation problems are common reasons an airbag can deploy too late or deploy without collision impact.

Cars are complex machines that require the input of multiple parties. When an airbag malfunction causes injuries, plaintiffs need to understand that this is just one part of a larger product.

Depending on the specifics of your case, the following parties could be liable:

  • The airbag designers
  • The airbag manufacturers
  • The company involved when testing and installing car airbags
  • Airbag distributors/car dealership
  • The automobile manufacturer
  • Anyone you employed to inspect, maintain or replace your car’s airbag

Numerous factors determine when and if an airbag will deploy as intended. If you are unsure whether you are eligible for a claim, an experienced personal injury attorney can analyze your case and provide invaluable legal guidance. The expert will also investigate the accident and collect evidence that can help support your claim and ensure you receive maximum compensation.

How Liability Is Assigned In an Airbag Injury Accident in Nevada

An airbag is meant to protect you in the event of a collision. Unfortunately, it could end up being the source of critical injuries and life-changing trauma. Some of the common airbag-related injuries include:

  • Abrasions, contusions and lacerations
  • Burns
  • Facial trauma
  • Spinal fractures, strains, or trauma
  • Wrist and finger injuries
  • Broken rib cage or limbs
  • Concussions and loss of consciousness
  • Eye injuries and ear trauma
  • Fetal injury when the victim is a pregnant woman
  • Death

Under the United States Federal laws, all cars sold nationwide must have airbags in both front seats. Airbags are supplemental to seatbelts and should deploy in moderation to avoid causing unnecessary injuries. If you have suffered any of the above injuries yet an accident was not a fender bender, a child was not seated at the front passenger seat, and your airbags are in pristine condition (not involved in another accident), you likely have a valid claim.

There are three essential aspects an attorney will consider before assigning liability:

Strict Liability

If an airbag was defective when released into the market, the manufacturer bears strict liability. Note that strict liability applies whether the manufacturer was aware of the flaws of the airbag when selling the car or not.

It takes having a skilled attorney to win a strict liability claim. Once the specialist identifies the party or parties liable for your damages, building a solid case that shows that a plaintiff bears no blame is imperative. The claim must show that the responsible party takes all fault, even if they lacked the intent of wrongdoing.

For an attorney to prove strict liability, the following must be true:

  • Your car had a defective airbag — You had an airbag in place that you believed would have saved you from injuries or death in the event of an accident
  • The airbag was defective — However, the airbag failed to deploy or deployed incorrectly to cause injuries.
  • You did not modify the airbags — Your attorney must also prove that the airbag was in as-is condition from a manufacturer. This means you did not make any changes that could be to blame for the product’s failure to deploy.
  • The defective airbag caused your injury — It is necessary to have medical records and other supporting documents that show you suffered economic and non-economic damages. Keeping a journal, for instance, can help put a price tag on your level of pain and suffering.

Often, experienced attorneys will use expert testimony to reconstruct an accident scene and prove what an airbag did or did not do during a collision. The nature of your injuries and other evidence gathered at the crime scene can help unveil what happened to ensure you receive maximum compensation.

Comparative Negligence

You do not qualify for a strict liability claim if the manufacturer issues a recall notice and you ignore it. In an accident, the manufacturer will argue that you also bear some fault for your injuries for failure to heed the recall notice. Facts like when the recall was issued can help assign your percentage of fault. If the court determines you bear 50% of the blame, you will only receive compensation worth 50% of your damages.

Negligence

To prove negligence, you must establish four crucial elements:

  • Duty of care — The car or airbag designer/manufacturer owed you a duty of care
  • Breach of duty — The negligent party breached their duty of care when designing, manufacturing, installing, or handling the airbag
  • Causation — The breach of duty is the proximate cause of your injuries
  • Damages — You suffered actual economic and non-economic damages

Car and airbag manufacturers owe citizens a duty of care to ensure their products work well and cannot endanger lives. If an airbag fails to open or explodes when opening, a skilled attorney can easily prove the four elements of negligence.

Sometimes, a plaintiff can file a lawsuit against multiple parties. This often includes the airbag designer and the car manufacturer. Additionally, you can hold a mechanic accountable for damages if you took your vehicle to the auto shop for airbag issues that the licensed mechanic failed to address.

Breach of Warranty

You will likely sign three warranties when entering any car sales agreement. These warranties include:

  • The express warranty — The express warranty is a contract between you and the car dealership. The sales contract contains vital terms and conditions that govern your relationship with your vehicle dealer.
  • Implied warranty of merchantability — The implied warranty of merchantability is a contract that assures you that all the features of a new or pre-owned car will work as intended. This includes the airbag.
  • Implied warranty of fitness for a specific purpose — This warranty assures you that a particular car is designed to fit a particular purpose, like the ability to ride on rugged terrain or provide additional traction on wet surfaces. You could file your claim against a car manufacturer if the company aired deceiving advertisements or a car dealership if it handled your request for specific features.

It is imperative to beware of the statute of limitations that governs product liability lawsuits. Nevada provides a 2-year window to file a claim against the liable party from the date of an accident. The state also provides a discovery rule that gives you two years to file a lawsuit from when you discovered your injuries. Particular health concerns like brain injury can present delayed symptoms.

If you miss the deadline for filing, you forfeit your right to seek financial compensation. Therefore, it is necessary to consult with a competent personal injury attorney immediately. Make sure your lawyer has adequate time to gather evidence and build a strong case with a fair winning chance.

Damages for Defective Airbag Injuries

An airbag that fails to deploy or deploys incorrectly can cause extensive injuries or death. Filing a personal injury lawsuit allows you to recover expenses allied with seeking physiological and psychological medical care. You can also recover lost wages and benefits, among other monetary losses incurred.

Moreover, a successful civil lawsuit should seek compensation for non-economic damages. These damages include pain and suffering, emotional distress, and loss of consortium, just to mention a few. In cases where the at-fault party demonstrates heinous intent or negligence, the judge can also award punitive damages.

How to Gather Evidence and Ensure Maximum Compensation

Unfortunately, you cannot depend entirely on law enforcement to gather evidence and keep it intact. It is common for evidence to be tampered with, doctored, or even destroyed, especially during high-profile cases. This makes it imperative to act quickly and gather evidence after an accident or request your attorney to lend a hand.

Here are the steps you should take to protect your product liability claim:

  • Take pictures of any valuable data, including the state of the airbag and the damage to your vehicle.
  • Approach eyewitnesses and request their contact details
  • Do not seek auto repairs until you talk to your attorney
  • Keep all receipts that show incurred medical expenses
  • Write notes about all the details you remember about an accident
  • Enlist a skilled personal injury attorney

A reliable personal injury attorney will bring all the evidence together to reconstruct what happened and prove that your airbag was faulty. The expert can help you file a product liability lawsuit against the airbag manufacturer and collect damages from an at-fault driver’s insurance provider. Generally, an attorney will view your case from all angles to ensure a maximum settlement.

Find A Personal Injury Lawyer Near Me

An auto collision can cause devastating physical and emotional effects on the victims. Unfortunately, seeking quality physiological and psychological care for injuries suffered can also impact your financial wellness. The aftermath of an accident is even worse when victims have to take weeks, months, or years out of work as they nurse their wounds. An airbag is designed to protect you during an accident. If it fails to deploy or deploys incorrectly to cause further injuries, you have the right to file a civil lawsuit and seek compensation. If you have suffered airbag-related injuries in Las Vegas, Nevada, we welcome you to contact Las Vegas Personal Injury Attorney Law Firm for a free case evaluation. Depending on the facts around an accident, we could even file a claim against multiple parties to ensure maximum compensation. Call us today at 702-996-1224 for personalized legal advice.