The majority of the time airbags operate effectively and safely. Airbags have saved almost 25,000 lives since 1970, but according to the National Highway Traffic Safety Administration (NHTSA), airbags that malfunctioned accounted for the deaths of 284 people, including 180 children, between 1990 and 2007. Airbags can be defective or not installed at all. If a person suffers serious injuries or wrongful death in a car accident resulting from a missing or defective airbag, the auto accident victim may be entitled to compensation for his or her injuries. This financial compensation can entail payment for medical expenses, lost wages, impaired earning ability, compensation for pain and suffering, and other types of damages. If someone is killed by a defective airbag or an airbag that is missing, the family (estate) can often sue the manufacturer of the vehicle or faulty airbag component for wrongful death.
When faced with this scenario, it is best to contact a personal injury lawyer or a wrongful death attorney who can help evaluate your specific situation and determine your legal rights. Our experienced auto accident law firm is committed to aggressively pursuing the best interest of our clients. Our lawyers at Barrett Law are dedicated to providing exemplary legal services as part of our ongoing objective of developing a reputation as the preeminent Mississippi auto accident law firm.
A victim that has been injured in a car accident related to the failure to install an airbag or a faulty airbag can pursue damages from the manufacturer of the vehicle and/or component parts based on product liability law. If the airbag is not installed or does not properly deploy because of a design or manufacturing flaw, manufacturers can be strictly liable for the defect depending on the specific facts and circumstances.
Airbags can malfunction in a number of different ways. They can deploy with excessive force. In other situations, the timing of deployment might be an issue if they deploy too early, late, or not at all. The reasons these dangerous scenarios occur might include defects in sensors, software, inflators, outdated technology, and more. Another airbag-related problem is the failure to install airbags or failure to replace the airbag after the vehicle is repaired following a collision.
Another claim that a victim can make in a defective airbag case is a “failure to warn” contention. A manufacturer of a product has the legal responsibility to ensure that its products are safe for the public. If there are risks that cannot be removed before the product goes to the market, then the manufacturer must provide adequate warnings advising consumers of the risk and how to avoid such risk. For example, air bags can be extremely dangerous for small children, so appropriate warnings need to be provided to consumers.
A recent case in another state involved a woman in her sixties who was struck by an airbag in a low-speed collision and suffered a severed spinal cord because the airbag deployed improperly. She is now a quadriplegic. The woman sued Mitsubishi, the maker of her car and prevailed. The lawsuit included claims for defective manufacturing, defective design, and failure to provide an adequate warning under the state’s product liability law.
The court ruled in the accident victim’s favor, finding the airbag and not the collision caused her injuries, which constituted the basis of the defective manufacturing claim. The design defect claim also was established because the court found that her airbags deployed unnecessarily, too forcefully, and too late. Vehicle occupants who are injured due to a defective airbag should speak with an experienced Mississippi auto accident attorney about their options and potential litigation strategies.
Defective airbag issues affect hundreds of thousands of vehicles manufactured by many of the largest auto manufacturers. At Barrett Law, our Mississippi Car Accident Lawyer is here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding your right to financial compensation.