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Can A Person File a Lawsuit for Airbag Injuries?

Monday, May 21st, 2018 By

When driving down the street, you are taking all the necessary safety precautions. You are yielding to pedestrians in crosswalks, giving the right of way to other vehicles, and obeying all traffic laws. Yet accidents still have a way of happening even to the best drivers. Fortunately, you try to minimize the severity of your injuries by always having your seat belt on and by having a vehicle that is equipped with airbags.

Yet, what if an accident occurs where you are actually injured by the airbag? These supplemental safety devices are put in place to inflate during the event of a crash. The airbag fills with a harmless gas, such as argon or nitrogen, that inflates to prevent your body from striking the steering wheel, dashboard and side doors to prevent fatal injuries. However, injuries have occurred such as bruises, burns, concussions, eye injuries, bone fractures, internal bleeding, hearing damage and many others due to the airbag inflation.

Should a Person Sue for Airbag Injuries?

Many injuries that occur are minor as the speed of the vehicle or the force of impact was so severe that it caused the person to slam into the airbag. In these instances, where the lack of the airbag would have caused even greater injury or even death, many people will forego any lawsuits. However, there are times when you should definitely seek out legal advice and representation regarding injuries that are caused by airbags.

Lack of Full Deployment or Not Deploying

A person may have a case if it is determined that the airbag did not inflate fully, and this lack of full inflation caused you to sustain an injury when your body stuck other parts of the vehicle. This issue may have been caused by the manufacturer or installer of the air bag. Malfunctions and defects could fall under legitimate reasons to file a lawsuit. What you would have to prove is that the airbag was either designed, manufactured or installed in such a manner that it became unreasonably dangerous to have in the vehicle.

Airbag Recalls

One of the largest vehicle recalls in United States’ history is currently in effect due to faulty air inflators being installed into airbags. In 2017, it was discovered that Takata airbags posed a serious health risk as 21 people worldwide have been killed and over 180 people have been injured due to the airbags exploding. Currently, 14 automobile manufacturers are recalling vehicles as tens of millions of cars and trucks may have this type of airbag installed. This recall will be in effect up to the end of 2019.

You may be able to sue if you were involved in an accident and sustained injuries due to a faulty airbag. Even if your vehicle is not currently on the recall list, it still may have this type of system as new recall information is being released by vehicle manufacturers. Speaking with an experienced attorney will allow you to decide on your legal options as well as who the liable party would be in this circumstance.

Tampering with an Airbag

An airbag may have been manufactured and installed correctly, but was tampered with due by other parties that caused it to malfunction. This tampering may have been unintentional or intentional, as it could occur if you are getting your car worked on at a garage by a mechanic or when you allow someone to borrow your vehicle.

Understanding Your Rights During a Car Accident

When it comes to suing over injuries caused by an airbag, you will need to prove that you did not cause the airbag to malfunction. You will also have to establish that the accident and collision was not the cause for your injuries. In addition, you also have to prove that you did not cause or contribute to your injuries.

By proving that there was no personal negligence that caused the injury, you may be able to successfully sue the liable party for compensation if you are injured during the accident. Talking with a professional attorney who handles accident cases will allow you to determine your rights, as they can review the circumstances of the accident and provide you with the advice you need in regards to pursuing a personal injury case. Here at DuBoff and Associates, Chtd., we help people in the Silver Spring area of Maryland who need legal representation when they have been injured in an accident. If you or a loved one sustained injuries from an airbag and want to be compensated for your medical bills, lost wages, and pain and suffering, contact our office today. We can help protect your rights during your legal matter.

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