How Product Liability Laws Apply to Defective Airbag Injuries | Carabin Shaw Attorneys

Airbags are designed to save lives, but when they malfunction, they can cause more harm than good. Defective airbags can lead to severe injuries and even death for drivers and passengers. If you have been injured by an airbag, the personal injury attorneys at Carabin Shaw can help.

Our attorneys have extensive experience with product liability cases involving defective airbags and will hold those responsible for your injuries accountable. We are available 24/7 and offer free case reviews in English or Spanish. Call us toll-free today at 1-800-862-1260.

Some of the most common - and dangerous - airbag defects include:

• Failure to activate in a serious crash
• Deployment without any collision
• Inflation with excessive force
• Explosions that release shrapnel into the vehicle

These defects can lead to severe and even deadly injuries, such as:

• Facial fractures
• Serious lacerations
• Chemical burns
• Chest and rib injuries
• Damage to internal organs
• Concussions and traumatic brain injuries
• Spinal cord damage

If you have suffered any of these injuries because of a defective airbag, contact an airbag injury lawyer right away to discuss your legal options.

Evidence has been mounting against faulty airbags that have been subject to recalls and lawsuits. The Takata airbag recall involved tens of millions of vehicles, according to the National Highway Traffic Safety Administration (NHTSA). The agency has confirmed that Takata defects have killed 28 people when the inflators exploded. Another 400 people were injured by the exploding inflators.

Lawsuits involving the Takata airbags have been filed since 2015, which were eventually consolidated into multidistrict litigation (MDL). Those lawsuits were settled for more than $500 million. Another MDL involved defective ZF-TRW airbag control units in Hyundai and Kia car models. Some of the units failed to deploy during collisions, leaving drivers and passengers unprotected.

Although these MDLs ended in settlements, victims injured by defective airbags may still be eligible for damages under product liability laws. Contact a lawyer to determine whether you can pursue compensation for your injuries and related losses.

Determining liability in an airbag injury claim can be complex, since numerous parties may be to blame, including:

• Vehicle manufacturers, if the airbag installation was defective
• Airbag manufacturers, if the airbag itself is defective
• Mechanics, if improper repairs led to the malfunction
• Another driver who caused the accident, in which the airbag malfunctioned

If the airbag was defectively designed or manufactured, you may have a product liability case. Product liability also covers marketing defects, such as improper instructions or failure to warn consumers of potential dangers involving the product. Some injured victims may be eligible to file more than one claim. For example, they may file a product liability claim against the manufacturer and a personal injury claim against the at-fault driver with the help of a car accident injury lawyer.

Strict liability allows your attorney to file a claim against the manufacturer of the airbag regardless of negligence. The basis of strict product liability is that consumers have a right to expect products they purchase to be safe when used as intended. Strict liability involves these elements:

• A defective product, caused by design flaws, manufacturing defects, or inadequate warnings
• The sale of the product, which holds all parties in the chain of distribution accountable
• It reaches the consumer in an unaltered condition
• The defect was the direct cause of harm to the victim

Strict liability centers on the condition of the product, while negligence requires proof that the defendant’s actions or inactions led to the accident and injuries. Strict liability is more straightforward and often easier for your lawyer to prove than negligence.

If you were injured by a defective airbag, call the experts at Carabin Shaw. Our trusted lawyers offer our services on a contingency-fee basis, so you pay no money until we win your case. Our law firm’s client reviews also provide ample evidence of our ability to maximize damages for our clients. We are available now at 1-800-862-1260.

For more information:

• https://www.nhtsa.gov/vehicle-safety/takata-recall-spotlight
• https://www.law.cornell.edu/wex/products_liability
• https://www.law.cornell.edu/wex/strict_liability