Airbags are a modern safety feature required in all four-wheelers. Since 1999, United States federal law has required the use of this feature in every car sold in the country. Unfortunately, airbags sometimes don’t work properly. In that case, can you sue if your airbags don’t deploy? Find the answer!
Can You Sue If Your Airbags Don’t Deploy and Injure You?
The answer to the question is yes. In general, if the airbags don’t deploy at all or deploy at the wrong time, the car or airbag manufacturer is legally responsible for your injuries.
In other words, if you are injured or suffer damages in a car accident because your airbag failed to deploy, then you can make a proper claim against the car manufacturer. In short, you can file a product liability claim against the manufacturer for producing defective airbags that caused you injuries.
More than that, there are three legal theories you can use to hold yourself liable for your airbag-related injuries. Read on for more information!
a. Strict Product Liability for Airbag Malfunctions
In most states in the United States, manufacturers of defective products are required to take full responsibility for injuries caused by the defective product. In other words, if there is a defective product that causes injury, then the manufacturer of that product must be held responsible for it. There are three kinds of defects, are:
1. Design Defects
This type of defect occurs when a product is poorly designed, which if it is used by customers, can be very dangerous. For this type of defect, the product designer can be held liable for designing a defective product and has a high chance of harming customers.
2. Manufacturing Defects
It is a condition when the product becomes extremely dangerous due to a defect in the way it is manufactured. After all, an error in the manufacturing of an airbag may cause a malfunction when the consumer uses it. This malfunction can cause severe harm to consumers and make the manufacturer liable for product liability claims.
3. Warning Defects
The third type of defect is when a product does not have adequate warnings about the hazard or instructions for proper use of the product. Without warnings, consumers may use the product incorrectly and incur losses due to a lack of knowledge on how to use the product.
When you sue the manufacturer of a defective product under strict product liability rules, you only need to show the defect of the product. You can also provide evidence that you used the product properly and show that the defective product caused your injury.
b. Negligence Theory in Claims for Malfunctioning Airbags
The second legal theory is negligence. As a victim of a defective airbag, you can pursue damages under the legal theory of negligence. This claim may be a little difficult to prove when you want to hold the manufacturer accountable. When filing a claim under this theory, you will need to present some evidence, namely:
- The manufacturer, designer, or other party breached a duty of care in connection with the production or handling of the product;
- The breach of duty was the proximate cause of the injury you suffered
- You suffered losses due to the breach
c. Airbag Malfunction Claims Under Warranty Law Theory
A person who is injured when an airbag is improperly deployed may also have a claim against the party with whom the person had a direct contractual relationship under a breach of warranty theory. This is the rarest of the three types of product liability lawsuits.
In addition, in warranty law theory, there are three types of warranties that you can use to file a claim against the manufacturer of defective airbags. These three types are express warranty, implied warranty of merchantability, and implied fitness warranty.
What Types of Injuries Can Occur If an Airbag Malfunctions?
Technically, when airbags inflate, they protect you or your passengers from impacts to the car interior or other hard surfaces. So, what if an airbag fails to deploy? What are the types of injuries that can occur? Check out the bullet points below to figure it out!
- Rib fractures, pierced lungs, and other chest injuries
- Neck and back injuries which include whiplash, disc injuries, spinal cord damage, and many more
- Fractures or soft tissue injuries to the arms and legs
- Internal injuries and bleeding
- Facial injuries, including abrasions, fractures, and other permanent scarring
- Eye injuries
- Traumatic brain injuries, concussions, and other head injuries
Can You Sue If Your Airbags Don’t Deploy and Why Do You Need to Talk to a Product Liability Lawyer?
An auto product liability claim can be complicated and difficult to prove. In addition, the insurance company of the airbags designer or manufacturer will use insurance adjusters to limit your settlement to keep their profits high. For this reason, you may need an expert to inspect the car while evaluating how and why the airbag failed.
In this case, you can trust an experienced car accident or product liability lawyer. These people are experts who are knowledgeable in product liability law. Not only that, but they will also later inform you of your options and guide you through the complicated process of investigating and filing product liability lawsuits.
What Damages Can You Ask for from a Product Liability Lawyer?
With the help of an experienced product liability lawyer, you can seek compensation for damages caused by malfunctioning airbags. They can help you gather evidence that proves the responsibility of the guilty party. Below are some of the compensations you can ask for and get:
- Medical bills
- Lost wages
- Loss of earning potential
- Pain and suffering
- Disability expenses
Have You Known the Answer to Can You Sue If Your Airbags Don’t Deploy?
To conclude this article, you can file a claim and get compensation for the injuries you have sustained due to malfunctioning airbags. This claim can be filed against the manufacturer of the airbags as well as the manufacturer of the vehicle you are using. So if this ever happens to you, sue the party immediately to get you covered.
