How Do I File a Defective Airbag Lawsuit?
Vehicle airbags are sometimes defective due to problems that occur in the manufacturing or design process. When airbags malfunction, they can bring about serious injuries. In this situation, victims may be eligible to file a product liability claim or lawsuit.
To file a defective airbag lawsuit, you should start by seeking medical attention for your injuries and preserving all relevant evidence, including the vehicle and airbag. Next, consult with a product defect lawyer who is experienced in cases involving faulty airbags. Your personal injury attorney will investigate the defect, gather the necessary evidence, and file a lawsuit on your behalf.
A Phoenix aircraft product defect lawyer is valuable in handling complicated legal issues. They understand product liability laws, can negotiate with insurance companies, and will represent your interests in court to secure the best possible compensation for you.
How Are Airbags Defective?
Airbags are critical safety features designed to protect drivers and passengers in car accidents. However, when airbags are defective, they can cause serious injuries or fail to work properly, putting lives at risk. Airbags can be defective in several ways, including:
- Failure to Deploy – One common airbag defect is when the airbag fails to deploy during a crash, which can happen due to a problem with the sensors that detect the impact or an issue with the airbag’s electrical system. When airbags do not deploy, occupants are left unprotected, increasing the likelihood of serious injuries like head trauma or broken bones.
- Delayed Deployment – In some cases, airbags may deploy too late. Even a small delay in airbag deployment can reduce its effectiveness. By the time the airbag inflates, the occupants may have already hit the steering wheel or dashboard, leading to injuries the airbag was meant to prevent.
- Unintended Deployment – Another type of airbag defect is when the airbag deploys without a crash, which can happen due to electrical malfunctions or faulty sensors. Unintended airbag deployment can cause accidents, especially if they happen while driving at high speeds, as it may startle the driver or block their view.
- Overly Aggressive Deployment – Some airbags may inflate too forcefully, causing injuries instead of preventing them. Aggressive deployment is especially dangerous for smaller passengers, children, or elderly individuals who are more vulnerable to the impact of a rapidly inflating airbag. Injuries due to aggressive deployment can include burns, broken bones, or even death in severe cases.
- Defective Materials – Airbags rely on components that must work properly for the system to be effective. If the material used to make the airbag is defective, it can tear or fail to inflate. Similarly, if the chemicals that produce the gas inflating the airbag are unstable, the airbag may not deploy correctly, or it can cause dangerous explosions, as seen in the infamous Takata airbag recall.
Injuries Resulting from a Defective Airbag
Defective airbags can lead to a range of injuries, some of which may be very serious. While airbags are designed to protect passengers in a crash, when they malfunction, they can cause harm instead. Here are the most common types of injuries that can result from defective airbags:
- Facial Injuries – When an airbag deploys with too much force, it can hit a person’s face with extreme pressure, which can cause facial fractures, such as broken noses, cheekbones, or jawbones. The force of the airbag can also lead to cuts, bruises, and swelling in the face. In some cases, these injuries may require surgery to repair.
- Eye Injuries – Airbags can cause significant damage to the eyes. If the airbag deploys too forcefully or if debris from the airbag hits the eyes, it can lead to vision problems or even blindness. Injuries like retinal detachment, corneal abrasions, or eye bleeding are possible. Even if the injury is not permanent, eye damage can take a long time to heal and may cause temporary vision loss.
- Neck and Spine Injuries – A sudden airbag deployment can snap a person’s head forward or backward violently, causing whiplash, leading to pain and stiffness in the neck and back. In more severe cases, the impact can cause herniated discs, fractured vertebrae, or even spinal cord damage. These types of injuries may require extensive physical therapy or even surgery to heal.
- Chest and Rib Injuries – Because the airbag is positioned in front of the driver or passenger, it often hits the chest area. If the airbag deploys with too much force or does not inflate properly, it can cause broken ribs, bruising, or internal injuries. In more severe cases, it can lead to heart or lung damage, which can be life-threatening.
- Burns and Abrasions – Airbags deploy very quickly, and the friction can cause burns or abrasions to the skin, particularly on the face, arms, and chest. These burns can be painful and may leave scars. Furthermore, the chemicals used to inflate the airbag can sometimes cause chemical burns or irritation.
How To Prove a Defective Airbag Case
Proving a defective airbag case requires demonstrating that the airbag was faulty and that this defect directly caused injuries. To succeed in such a case, the injured party (plaintiff) must establish certain legal elements: defect, causation, and damages. Here is how each of these elements can be proven:
Proving the Airbag Was Defective
The first step in a defective airbag case is proving that the airbag had a defect. There are three main types of defects that can be considered in these cases:
- Design Defect – A design defect means that the airbag was inherently dangerous due to the way it was designed. For example, the airbag inflating too aggressively or failing to inflate properly in most crashes can indicate a design defect.
- Manufacturing Defect – This type of defect occurs when the airbag was designed correctly, but something went wrong during the manufacturing process. An airbag built with faulty parts, such as poor wiring or unstable chemicals, can be a manufacturing defect.
- Failure to Warn – In some cases, the issue may not be with the design or manufacturing but with the company’s failing to warn users about potential dangers. If a manufacturer knew that the airbag may not work properly under certain conditions but did not warn consumers, they can be held responsible for failing to provide proper instructions or warnings.
Expert testimony is often required to prove a defect. Engineers or other specialists can analyze the airbag system and offer opinions on why it malfunctioned.
Proving Causation
The next element is proving that the airbag defect directly caused the plaintiff’s injuries, which is often called “causation.” Even if the airbag was defective, you must show that this defect is what led to the injury, not the car crash itself or another factor. Medical experts can testify about the nature of the injuries and how they align with the malfunction of the airbag. In addition, accident reconstruction specialists can explain how the crash unfolded and why the airbag should have been deployed differently.
Proving Damages
Finally, to succeed in a defective airbag case, you must prove that you suffered actual damages. Damages can include medical bills, lost income, pain and suffering, and other costs associated with the injury. Medical records, receipts, and documentation from doctors can all be used to prove the extent of your injuries and the financial losses you experienced.
Litigating a Defective Airbag Case Successfully
Filing a defective airbag lawsuit involves several important steps. This process can be complex, but understanding the basic steps can help guide you if you are considering taking legal action after being injured by a faulty airbag.
- Seek Ongoing Medical Treatment – The first and most important step following an injury is to seek ongoing medical care. Even if you do not think your injuries are serious, it is essential to have a doctor evaluate your condition. Medical records will play a vital role in your lawsuit, serving as evidence of the harm the defective airbag caused.
- Preserve Evidence – To build a strong case, you need to preserve all relevant evidence, including keeping the vehicle and airbag intact so that experts can examine them. Photos of the accident scene, the damaged car, and your injuries are also important. Make sure to hold onto any paperwork related to the accident, such as police reports and medical bills.
- Contact an Attorney – It is highly recommended to consult with a lawyer who regularly handles product liability or personal injury cases. A skilled personal injury attorney can determine whether you have a valid case and guide you through the legal process. They will also gather evidence, assess damages, and negotiate with the other party.
- Investigation and Case Review – Your lawyer will conduct an investigation to determine whether the airbag was defective and if the defect caused your injuries. This investigation may involve reviewing reports from safety regulators, such as the National Highway Traffic Safety Administration (NHTSA), analyzing recall notices, and consulting with engineering experts. Your attorney will also review your medical records and gather witness testimony, if applicable.
- Filing the Lawsuit – Once the investigation is complete, your attorney will file a lawsuit against the responsible parties, which can include the airbag manufacturer, car manufacturer, or dealership. The lawsuit will outline your injuries, how the defective airbag caused them, and the compensation you are seeking.
- Discovery Process – During discovery, both sides exchange evidence, which may involve depositions, interrogatories (written questions), and document requests. Discovery helps both parties gather facts to build their cases.
- Settlement or Trial – Many defective airbag cases are settled before reaching trial. If the parties cannot reach a fair settlement, the case will proceed to court. At trial, your attorney will present your case, and a judge or jury will decide the outcome and potential compensation.
How Much Is a Defective Airbag Case Worth?
The amount of compensation you can receive in a defective airbag case depends on several factors, each influencing the final payout. These factors include the extent of your injuries, the strength of the evidence, and the compensation available to you. Understanding these factors can help you set realistic expectations for your case.
- Severity of Injuries – One of the biggest factors that determines the amount of compensation is the severity of your injuries. Airbag defects can lead to various injuries, such as broken bones, internal injuries, head trauma, or even death. Generally, the more severe and life-altering the injury, the higher the compensation. For example, someone with permanent disability or long-term medical needs will likely receive more compensation than someone with injuries that heal relatively quickly.
- Medical Expenses – Compensation for medical expenses is a significant part of a defective airbag claim, including current and future medical costs such as hospital stays, surgeries, medications, physical therapy, and rehabilitation. If your injuries require long-term treatment, your compensation will reflect the expected future costs.
- Lost income – If your injuries from the defective airbag prevent you from working, you can recover compensation for lost earnings, including the income you have already lost due to missed work and any future loss of earning capacity if your injuries prevent you from returning to work in the same capacity. If you can no longer work at all, this condition can result in a much higher settlement or award.
Robert Boatman, Phoenix Aircraft Product Defect Lawyer
- Pain and Suffering – Pain and suffering refer to the physical pain and emotional distress your injuries caused. These damages are more subjective and can be harder to quantify, but they often make up a large part of personal injury settlements. Courts consider factors such as the duration of pain, the level of emotional distress, and whether your injuries have led to anxiety, depression, or a reduced quality of life.
- Punitive Damages – In cases where the manufacturer’s conduct was particularly reckless or malicious, you may be eligible for punitive damages. These damages are designed to punish the manufacturer and deter future wrongdoing. While not always awarded, punitive damages can significantly increase the total compensation.
- Strength of the Evidence – The amount of compensation you receive can also depend on the strength of the evidence. Having clear documentation of your injuries, proof of the airbag defect, and expert testimony can strengthen your case and improve the likelihood of receiving maximum compensation.
Contact an Experienced Product Defect Lawyer Today
If you recently suffered injuries because of a defective airbag, you should talk with a knowledgeable Phoenix personal injury attorney right away. Your lawyer can immediately explore your legal options and set you on course to maximize the compensation you receive.