Airbags are supposed to protect us, potentially saving our lives in case of car accidents. Yet, they sometimes cause injuries to front-seat passengers. In one well-known, ongoing case, defective airbags manufactured by Takata have killed 27 people and injured at least 400 others in the United States so far.
If you got injured by your car’s airbag system, you could be entitled to compensation. Whether it happened during a car accident or at another time, an Oregon airbag injury attorney could help you fight for a settlement for the losses you have suffered.
Johnston Law Firm is experienced in handling airbag injury cases, and we can tell you what you can do to seek justice when you are hurt due to negligence. In this article, we will also explain who may be liable in airbag injury cases.
Airbag Injury Claim Scenarios
Several situations could potentially lead to airbag injuries. Each case is unique, and it requires an attorney with extensive knowledge of Oregon personal injury and product liability law to build a stronger case for compensation.
The following examples highlight situations that could lead to an airbag injury case.
Injured by an airbag in a car accident
During a car accident, airbags inflate in under 0.05 seconds. They protect us by spreading the energy of the impact over a larger area. While this minimizes the forces on the body, it does not eliminate them.
At times, the force exerted by the airbag can cause injuries to the head, neck, and upper body that can be fatal. This is why drivers and passengers are encouraged to maintain some distance from the airbags while traveling in a car.
The chemicals released by an airbag can also cause injuries in some people. A specific condition called airbag pneumonitis is rare but can affect sensitive individuals.
Modern airbags are safer than early models, but they still have the potential to cause harm. It’s vital to get immediate medical attention after an accident to document your injuries and receive the treatment you need. Talk to an airbag accident attorney as soon as possible so that he or she can make arrangements to preserve the car and airbag for examination.
Defective airbag failure to deploy
You may be able to pursue an airbag injury claim if the airbag failed to deploy in a car accident.
This could be caused by various airbag defects including:
- Defective airbag sensors or other components
- Fitting errors
- Manufacturing defects
Defective airbags that fail to deploy can cause catastrophic injuries and fatalities. If you believe an airbag malfunction occurred and caused your injuries, it is important to get your car examined by a qualified professional sooner rather than later.
Talk to an airbag accident lawyer as soon as possible. He or she can help ensure that vital evidence that could strengthen your case does not get destroyed.
Other airbag defects
Faulty airbags can also cause injuries for which you could pursue compensation in other ways. At times, malfunctioning sensors have caused airbags to deploy without any collision occurring.
Defective airbags may also deploy when they should not. For example, defective Takata airbags were found likely to explode, even in minor crashes. This was due to degradation caused by high temperatures, age, and moisture in the air. Upon explosion, they would spray shrapnel into the car, which can cause injury or death.
Whatever the circumstances of your defective airbag injury, an experienced attorney can help. He or she will first focus on discovering who is liable for your airbag-related injuries.
Liability in Airbag Injury Cases
There are several potentially liable parties in airbag injury cases. While most car accident claims are covered by personal injury law, airbag injury claims may fall under product liability law.
In product liability cases, there is no need to prove negligence. Instead, an airbag injury attorney must seek evidence showing that the product was somehow defective and that this defect resulted in the plaintiff’s injuries.
Finding car or airbag manufacturers liable for airbag injuries
Car manufacturers could be liable for airbag injuries and deaths if an airbag was not properly installed and inspected before the vehicle was sold. A repair shop may also be held liable if it did not install a replacement airbag correctly.
Airbag manufacturers could be found liable for injuries and deaths in the following scenarios:
- Manufacturing defects: A flaw in the manufacturing process led to airbags that were liable to malfunction upon deployment
- Design defects: If the design is fundamentally flawed, the manufacturer could be held responsible
- Failure to warn: If the airbag manufacturer discovers one of their products is faulty and fails to warn customers about the risk, a claim for negligence could be brought against them
Proving product liability can be complex and may require the assistance of expert witnesses. In defective airbag cases, it is vital to retain the airbag, all its components, and your vehicle so they can be examined for evidence of product failure.
It’s also possible that multiple parties share liability; all of them could be potentially pursued for compensation. An experienced airbag injury attorney can review all the options and work with you to agree on the best way to move your case forward.
Airbag deployment injuries
If an airbag deploys normally and causes your injuries, you may not have a claim against the car or airbag manufacturer. If you do try to sue them, they may argue that you were positioned too close to the airbag and that this was the real cause of your injuries.
Each case is unique, and a qualified Oregon airbag accident attorney can provide bespoke legal advice for your situation. However, if another person’s negligence was the cause of your car accident, you could still pursue compensation from that party by means of a personal injury claim.
Airbag deployment failure injuries
If your airbag fails to deploy, the car or airbag manufacturer may be liable. This could be due to a fault in how the airbag was installed or an error in the manufacturing or design of the airbag. An airbag accident lawyer can examine the evidence and try to track down the liable party.
How to Check Your Vehicle’s Airbags Are Safe
Prevention is better than treatment, so it pays to check now that your car’s airbag system is safe. Along with the Takata recall that has been ongoing for over a decade, in 2023, the National Highway Traffic Safety Administration (NHTSA) recommended a recall on airbag inflators manufactured by Delphi and ARC.
The NHTSA has an online system for checking safety recalls. Navigate to the page, enter your state and license plate number, and find a list of any current airbag recalls.
It is crucial to do this as soon as possible. For example, the risk with certain Takata airbags is so great that the NHTSA and car manufacturers have issued a do-not-drive warning for affected models. While most affected models are older, some Dodge and Chrysler models were fitted with affected Takata airbags as recently as 2010. If your car is on this list, drop everything else and get it repaired immediately.
Let Johnston Law Firm Pursue the Compensation You Need
Whether you suffer an airbag deployment failure or your vehicle fails you in another way, you need to understand your legal rights. You should not have to bear the financial and emotional burden of another party’s sloppy design, manufacturing, or installation processes.
At Johnston Law Firm, our experienced team of Oregon airbag injury attorneys is ready to hear your story with compassion and a keen desire to help. We care deeply about fighting for the rights of airbag injury victims so they can rebuild their lives with fair settlements.
Schedule a free consultation to learn what we can do for you. Call us at the number above or fill out our contact form, and we will get in touch with you soon.