If you were in a car accident and your side airbag did not deploy or deployed incorrectly, you most likely suffered more serious injuries than if it had deployed correctly. You could still have a claim against the driver of the other vehicle if he caused the accident. However, he may not be liable for all of the damages since your injuries would have been less severe if the airbag had not malfunctioned. If this is the case, would you also have a products liability claim against the car manufacturer?
Common Defects in Airbags That Could Result in Manufacturer Liability after a Car Accident
Even if the manufacturer of your airbag considered safety concerns in designing the airbag, it could still be partially liable for your injuries. You would need to show that either the design, function, or installation of the airbag had an unreasonable dangerous defect that caused it not to deploy and that this caused your injuries. In some cases, this can be easier to prove because the defect is well-known, such as in the recent Takata airbag recall. Some of the common defects in airbags could include:
- Crash sensors
- Horizontal inflation path
- Inflators that are too powerful
- No internal tethers
- Failure to properly test crash the airbag with a range of dummies
Injuries associated with defective airbags usually occur to the head, torso, and arms. Common injuries a person could suffer include:
- Traumatic brain injury
- Burns from the airbag
- Chest injuries
- Neck and head injuries
- Temporary or permanent vision loss
- Hearing loss
- Amputation of fingers
- Arm and leg fractures
- Spinal cord damage
- Internal organ damage
Automobile accidents where a defective airbag contributed to the victim’s injuries can be more complex because of the multiple parties who could be responsible for compensating the victim.
Have You Been Injured In A Kansas City Area Car Accident?
If you've been injured in a car accident you need to speak with an experienced car accident lawyer as soon as possible. Contact us online or call our Kansas City office directly at 816.471.5111 to schedule your free consultation.