What if Airbags Fail to Deploy?
We rely on airbags to keep us safe by absorbing the impact of a crash. When an airbag fails to deploy, it can be a shocking experience. Although it is not unheard of for an airbag to malfunction, vehicle occupants may experience debilitating and sometimes fatal injuries. These losses are often more severe than if the airbag functioned as intended.
Under certain circumstances, you may be able to sue the airbag designer, manufacturer, or distributor for your injuries. Before attempting any legal action, you should speak with a product liability attorney who can inform you of your rights.
What Causes Airbags to Malfunction?
Airbags are designed to provide a cushion to vehicle occupants. They work in conjunction with seatbelts, reducing the severity of injuries in a crash. Airbags rely on sensors and electrical signals to release nitrogen gas, which inflates the airbag. Since airbags are triggered by rapid deceleration or a change in velocity, certain factors can affect their effectiveness.
Factors that may cause an airbag to malfunction or fail to deploy include:
- Collision speed
- The angle of impact
- The location of the airbag
- The position and size of vehicle occupants
- Broken or unresponsive sensors
- Overall design and function of the airbag system
Injuries Caused by Airbag Failure
Airbags are intended to prevent injuries primarily to the head and chest. Common injuries that may occur due to an airbag’s failure to deploy include:
- Traumatic brain injuries: Any strike or blow to the head can impair brain function, causing neurological complications. When an airbag fails to deploy, vehicle occupants may strike their head on the dashboard, steering wheel, or other hard surfaces.
- Broken ribs and other chest injuries: Without the protection of an airbag, the velocity of a crash may thrust the driver or passengers forward. If the chest contacts any hard surfaces, it may result in broken ribs, a punctured lung, or other chest injuries.
- Facial injuries: The lack of cushioning can result in facial fractures, ranging in severity based on the velocity and angle of impact. Common facial fractures in a car accident include zygomatic (cheekbone) fractures, nasal fractures, orbital (eye socket) fractures, maxillary (upper jaw) fractures, and mandibular (lower jaw) fractures. These injuries can result in scarring and permanent disfigurement.
- Internal injuries: The abdomen lacks bony protection, making it vulnerable to injury in a crash. When blood vessels tear or rupture, internal bleeding can occur. Internal bleeding is known as the “silent killer,” with symptoms being subtle and often going undetected for prolonged periods of time. Even if you are experiencing only lightheadedness or fatigue, seek medical attention immediately.
- Spinal cord injuries: A failure to cushion the impact of a collision can result in undue force on the spine, resulting in a spinal cord injury. Symptoms of a spinal cord injury will vary based on the site of injury, but often include extreme pressure in the head, neck, and back, weakness, numbness or tingling, loss of sensation, and paralysis. Seeking medical treatment promptly can help mitigate the long-term effects of an injury.
Filing a Product Liability Claim in Tennessee
As consumers, we rely on certain products to function as they should, protecting us. When an airbag (or any product, for that matter) malfunctions due to a design flaw or manufacturing defect, you deserve to be compensated for damages. Successful recovery depends on you showing that the product was defective, thereby causing your injuries.
If you can show that the airbag was in an “unreasonably dangerous” condition when it was manufactured or sold, then you will not have to prove the at-fault party’s negligence (known as a strict liability claim). However, certain caveats do exist. First, the defect must directly cause your injuries, and secondly, the airbag must have been used as intended or in a foreseeable way.
Otherwise, you will have to file a negligence or breach of warranty claim. A negligence claim is established by demonstrating the liable party’s duty to produce a safe product, how this duty was violated, and how the product defect directly caused your injuries and subsequent damages. In contrast, a breach of warranty claim may be filed if the designer, manufacturer, or distributor fails to meet promises made through written statements or guaranteed by law.
It is wise to speak with a Tennessee product liability lawyer to discuss your legal options. The state of Tennessee gives you one year to file a product liability claim, so you mustn’t wait to take legal action.
Contact a Tennessee Product Liability Lawyer Today
A defective airbag can impact your physical and mental health, causing a strain on relationships with loved ones. If you have had the misfortune of experiencing injuries due to an airbag that failed to deploy, our Tennessee product liability attorneys would like to hear from you. Since 1976, we have been helping to right wrongs for hardworking individuals like yourself. Contact Raybin & Weissman today online or call (615) 256-6666.