Federal safety standards now require all cars to be equipped with airbags. In addition to saving lives, airbags can help prevent serious injury, especially if used in combination with a seatbelt. While airbags are intended to protect against injuries from automobile accidents, sometimes they end up causing injuries and in rare cases even death.
WHAT'S THE PROBLEM WITH AIRBAGS?
There are several possible reasons why airbag injuries occur. Some of these reasons have to do with not taking proper precautions. For example, airbag injuries
often occur if you sit too close to the steering wheel (within 10 inches). Other reasons are related to the product being defective.
HOW CAN AN AIRBAG BE DEFECTIVE?
There are a variety of ways in which an airbag can be defective. There can be problems in the manufacturer's design of the airbag, the production of the airbag, and the installation of the airbag. If you are injured by an airbag and it is a defective airbag, you may be able to sue the manufacturer for damages you suffered.
WHAT ARE SOME COMMON AIRBAG INJURIES?
An airbag is a motor vehicle safety device. The airbag contains a sensor, called the airbag ECU, which signals the airbag to inflate. The inflated airbag provides a cushion, restraining individuals from contacting the wheel, dashboard, or windshield, in the event of an accident. The law requires motor vehicles to be equipped with an airbag for the driver. This airbag is contained in the steering wheel. Many vehicles have a passenger-seat airbag.
Airbags may cause injury. Airbag-caused injuries can occur if an occupant is not properly positioned. These injuries also occur if the airbag sensors malfunction; a sensor malfunction can cause inflation to occur too late or too early. Injuries can also occur if the airbag fails to deflate, or if an individual is exposed to chemicals in the airbag.
Airbag-caused injuries include abrasions or burns to the face, and neck injuries. Under certain circumstances, an individual injured by an airbag can file a lawsuit in money court and obtain damages (monetary compensation).
EXAMPLES OF DEFECTIVE AIRBAGS
Sometimes, it is obvious that your airbag was defective. Other times it is harder to tell. Some examples of situations in which an airbag is defective include when an airbag:
- Deploys with too much force
- Deploys too slowly
- Deploys at the wrong angle
- Deployed unnecessarily in a minor accident
- Did not deploy when necessary
- Made of dangerous materials, which is the case with Takata brand airbags
WHY DO AIRBAGS CAUSE INJURIES?
Airbags are hazardous for several reasons. Many airbag inflators contain sodium azide, a chemical substance. This substance forms the gas used to inflate the airbag. When the airbag deploys, sodium azide should convert to nitrogen gas. Nitrogen gas is not harmful. If the sodium azide escapes the airbag, it forms a chemical called hydrazoic acid. Released sodium azide and hydrazoic acid are both toxic. If either substance is inhaled, a person can become ill.
The basic laws of physics also account for why airbags cause injuries. The driver seat airbag is located in the horn pad of the steering wheel. Its position is firmly between the parts of the wheel that the driver grips with both hands. Therefore, a driver may experience injuries to the wrist or arm when the airbag deploys.
Airbags that function properly, are rapidly deployed, with explosive force. If a driver is not using a lap seat belt or a shoulder seat belt, the speed of the deployment can result in the driver sustaining significant injuries, from as mild as friction burns to as serious as detached retinas and impact deaths.
An injury caused by a defective airbag manufacture, whether due to a defective inflator, sensor, or other mechanical defect, is not a common occurrence. According to the National Highway Traffic Safety Administration (NHTSA), defective airbags produced by the Takata corporation alone were linked to 24 deaths worldwide. Injury caused by defective airbag manufacture has, according to the NHTSA, allegedly caused at least 250 people in the United States to be injured by exploding Takata inflators (azide and non-azide). Over ten million vehicles with defective Takata airbags have been recalled, preventing that number from being much higher. A flaw in the manufacture of these airbags prompted the recall.
CAN I SUE IF I SUFFERED ANY INJURIES DUE TO AN AIRBAG BEING DEPLOYED?
An individual who sustains injuries due to a defective airbag may sue the manufacturer of the product on one of several product liability bases. A lawsuit may be brought alleging a design defect. A design defect is a defect that inheres in the design of the product itself. Alternatively, a lawsuit alleging may be brought. In a manufacturing defect product liability case, the design is adequate; however, a defect is produced in the manufacturing process.
If a sufficient number of individuals claim to have been damaged by the same allegedly defective airbag in the same manner, with the same alleged defect, a court may certify the prospective case as a class action proceeding. In a class action, each individual who claims to have been injured is a plaintiff. The individuals who begin the litigation are the class representatives. If the class prevails, the representatives receive a certain amount. The remainder of the damages are usually awarded equally to other members of the class.
Typically, the attorney representing the class does so on a contingency basis. This means that if (and only if) the class prevails, the attorney will receive a specific percentage of the damages as the attorney's fee. The remainder of the damages go to the class representatives and other class members. Damages consist of losses that can be measured in money. For example, damages are awarded to compensate plaintiffs for medical treatment and prescription drugs.
I'VE SUFFERED AN AIRBAG INJURY, DO I NEED A LAWYER?
Anytime you are involved in an automobile accident you should contact a product and services lawyer as soon as possible. Airbags are considered an automotive product and if the airbag was defective you may be able to bring an automotive products liability case. These cases can be very complicated and an experienced lawyer can advise you of your rights and the available remedies. Call our office today at 212-994-7777 or complete the convenient online contact form to set up a consultation.
