Can I Sue the Manufacturer If I’m Injured by the Air Bag?
- October 13, 2024
- Categories: Personal Injury
More than 10.6 million vehicles are manufactured in the United States each year, and almost all of them are equipped with driver and passenger air bags. Air bags are meant to be safety features that save lives during a crash, but they can also be deadly devices themselves if they malfunction and explode accidentally, sending metal particles and debris into the vehicle cabin. Motorists who are hurt by defective air bags often wonder “Can I sue the manufacturer if I’m injured by the air bag?” The answer is often, yes.
If you or a loved one has been injured by a defective air bag – either because it accidentally deployed explosively or failed to inflate during a collision – you could be entitled to financial compensation. Injured drivers and passengers have sustained severe lacerations, concussions and head wounds, and other trauma caused by exploding air bags that were defectively manufactured. A skilled personal injury lawyer at Neale & Fhima will fight aggressively for the compensation you deserve. Call us for a free assessment of your case.
Takata Was Sued for Faulty Air Bags
Vehicles made by 19 different automakers, including 34 brands, have been recalled to replace defective front driver and passenger air bags. This was the most extensive safety recall in U.S. history. More than 67 million air bags have been recalled, and, at the end of 2022, 11 million of these had yet to be replaced. The air bags were made by a major parts supplier, Takata, and were installed in cars, trucks and vehicles primarily from model years 2002 through 2015. Because of this, Takata was sued for faulty air bags.
According to the National Highway Transportation Safety Administration (NHTSA), the air bags were cited for deploying explosively, resulting in injury and, in some cases, death to drivers and passengers. To date, 26 deaths and over 400 injuries were reported in the U.S. due to these defective air bags. The problem stems from the air bag’s inflator, a metal cartridge loaded with propellant, that in some situations has ignited with dramatic force. When the air bag ruptures during a vehicle crash, metal shards from the inflator can spray throughout the vehicle cabin, wounding or fatally injuring the driver and passenger.
What was meant to be a lifesaving device – an air bag – can become a deadly in-cabin projectile. NHTSA determined that the cause of the problem was the air bag’s use of an ammonium-nitrate-based propellant that did not have a chemical drying agent. Age, moisture, and high temperatures can cause the air bags to improperly inflate. More than 42 million vehicles in the United States have been affected by the recall. Takata has been the most egregious manufacturer where air bags are concerned.
Air Bags Can Cause Injury in a Car Accident
Can You Sue the Manufacturer Due to an Air Bag Injury?
Air bags save lives, there’s no doubt about it. But when they don’t function properly, air bags can also cause injury in a car accident. In addition to defectively manufactured air bags that explode accidentally, drivers can also be seriously injured by air bags during a car crash, either because the air bag fails to deploy or because the swift and powerful impact of the inflating air bag causes head trauma, chest and organ injuries, or difficulty breathing. In some cases, drivers and passengers sustain greater injuries from the air bags than they do the car collision itself. Potential air bag injuries can include:
- Brain injuries and TBI
- Head and neck injuries
- Puncture wounds and organ damage
- Burn injuries
- Severe cuts and lacerations.
A car accident attorney at Neale & Fhima can explain your legal options in greater detail and review your injuries. They can also advise you on the medical tests you may need to help support your claim. We are highly experienced with personal injury lawsuits, and we know how to guide you through the legal process.
How Much Compensation Can I Get?
The amount of compensation you can get depends on various factors such as the severity of your injuries, amount of earnings lost, length of time off work, number of defendants, and several other elements. Damages you could be entitled to include:
Economic
- Medical and bills
- Lost wages
- The cost of future medical and rehabilitative care
- Loss of future earnings if disabled
- Property damage
Non-Economic
- Pain and suffering
- PTSD and emotional distress
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium (spouse)
In some unique cases, clients can also receive punitive damages, which are additional compensation ordered by courts to punish a responsible party for its negligence and prevent others from pursuing similar bad actions.
Contact Neale & Fhima Today If You’ve Suffered an Air Bag Injury
At Neale & Fhima, we’re willing to talk to people with air bag injuries before they make a decision about hiring us. During a free consultation, we will assess your claim, explain your legal options, and discuss next steps. You are under no obligation to hire us. You can make that decision after the initial phone call. We do this because we care about injured people who have been wronged by car manufacturers. Our skilled and experienced legal team offers compassion, care and understanding to our clients, and we fight aggressively against manufacturers and insurance companies to get the compensation you deserve. Call us at 888-407-2955 to find out more.