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Airbags are a critical safety feature designed to protect vehicle occupants in the event of a collision. However, when these systems fail to function correctly, the consequences can be devastating. An estimated 25 million vehicles on the road today may be equipped with defective airbags, posing serious risks to drivers and passengers alike. While some manufacturers have initiated recalls, others have not, leaving many individuals vulnerable to injury or worse.
At Clark, Fountain, Littky-Rubin & Whitman, we approach each defective airbag case with a deep understanding of the complex technical and legal issues involved. Our firm has over 200 years of combined experience in handling automotive defect cases, with a particular focus on airbag-related injuries. Our team includes attorneys who are board certified in multiple specialties, reflecting their extensive knowledge and proven track record in this area of law. This level of expertise is crucial when navigating the intricate legal landscape surrounding defective airbag claims.
The Dangers of Defective Airbags
Airbags are engineered to deploy in milliseconds during a crash, cushioning and protecting occupants from severe injury. However, when an airbag malfunctions—whether by deploying too late, too forcefully, or not at all—the results can be catastrophic. Injuries from defective airbags can range from serious neck and back injuries to life-threatening conditions, including shrapnel wounds caused by exploding inflators.
One of the most significant airbag defects in recent history involves Takata airbags, which were installed in millions of vehicles manufactured between 2000 and 2011. The defect in these airbags stems from their inflator mechanism, which uses ammonium nitrate as a propellant. Over time, especially in humid environments like Florida, this chemical can degrade, leading to the risk of the inflator rupturing upon deployment. This issue has been linked to numerous injuries and fatalities, prompting one of the largest automotive recalls in history.
Beyond Takata, other manufacturers have also faced scrutiny. The National Highway Traffic Safety Administration (NHTSA) has issued recalls for airbags produced by various companies, including Continental, due to similar safety concerns.
Common Airbag Defects: A Technical Overview
- Inflator Ruptures:
- Chemical Composition: Inflators using ammonium nitrate or sodium azide are particularly prone to failure under certain conditions.
- Failure Mechanisms: Overpressure, chemical instability, and manufacturing defects can cause inflators to rupture, leading to dangerous explosions.
- Impact: These failures can result in severe injuries, including lacerations, burns, and in some cases, death.
- Premature Deployment:
- Sensor Malfunctions: Faulty sensors or electrical issues can cause airbags to deploy unexpectedly, even in minor accidents or non-collision events.
- Consequences: Premature deployment can cause significant harm, including broken bones, concussions, and other impact-related injuries.
- Non-Deployment:
- Mechanical and Electrical Failures: Defective inflators, sensor issues, or wiring problems can prevent an airbag from deploying when needed most.
- Risks: Non-deployment in a crash can lead to severe trauma, as the occupant is left unprotected from the forces of the collision.
- Excessive Force Deployment:
- Design Flaws: Airbags designed to deploy with excessive force can cause more harm than protection, leading to injuries such as facial fractures, chest trauma, and burns.
- Case Studies: Various legal cases have demonstrated the dangers of airbags that deploy with too much force, resulting in substantial settlements for affected individuals.
- Foreign Objects in Airbags:
- Manufacturing Errors: In some cases, airbag inflators have been found to contain foreign objects, such as metal fragments, that can be expelled upon deployment.
- Injuries: These foreign objects can cause serious injuries, including lacerations, eye injuries, and other impact-related trauma.
- Condition-Specific Malfunctions:
- Environmental Factors: Certain driving conditions, such as extreme temperatures or high humidity, can trigger airbag malfunctions, particularly in vehicles with known defect histories.
- Examples: Specific vehicle models have been identified as having airbag systems that are more prone to failure under particular environmental conditions, leading to targeted recalls.
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What to Do If You’ve Been Affected by a Defective Airbag
If you suspect that you or a loved one has been injured due to a defective airbag, it is essential to take the following steps:
- Seek Immediate Medical Evaluation:
- Ensure that you receive a thorough medical assessment, even if your injuries appear minor. Airbag-related injuries can have delayed symptoms and may require ongoing medical care.
- Document the Incident:
- Gather evidence, including photographs of the accident scene, the airbag, and any visible injuries. Retain all medical records and any documentation related to vehicle repairs or recalls.
- Consult with an Expert Attorney:
- Given the complexity of defective airbag cases, it is crucial to work with an attorney who has specific expertise in this area. Our team at Clark Fountain has the knowledge and resources to thoroughly investigate your claim and pursue the compensation you deserve.
- Understand Your Legal Rights and Deadlines:
- The statute of limitations for filing a defective airbag lawsuit varies by state, and it’s important to act within the legal time frame. Our attorneys can help you understand the applicable deadlines and any potential exceptions based on the specifics of your case.
Why Choose Clark Fountain for Your Defective Airbag Case?
At Clark Fountain, we bring a deep level of expertise and a commitment to achieving the best possible outcomes for our clients. Our attorneys are recognized leaders in the field of automotive defect litigation, with a proven track record in handling complex airbag-related cases. We approach each case with the technical insight and legal acumen necessary to hold manufacturers accountable and secure justice for those who have been harmed.
By choosing Clark Fountain, you gain access to:
- Extensive experience in automotive defect litigation
- A team of board-certified attorneys with specialized knowledge
- A meticulous approach to case investigation and evidence gathering
- A history of successful outcomes in complex and high-stakes cases
If you or a loved one has been injured by a defective airbag, we invite you to contact us for a consultation. Our team is here to provide the expert guidance and representation you need to navigate the complexities of your case and pursue the justice you deserve.
FAQs
What should I do if my airbag didn’t deploy during a car accident?
Immediately seek medical attention, preserve the vehicle, and contact a product liability lawyer. Airbag non-deployment can indicate a defect in the crash sensor, electrical system, or module. Do not authorize repairs or release the vehicle to insurance until it is inspected by a legal expert.
Can I sue if my airbag failed to deploy?
Yes. If your injuries were worsened due to a defective or non-deploying airbag, you may have a valid claim under Florida product liability law. These cases often involve negligence, manufacturing defects, or failure to warn.
What types of airbag defects can lead to legal claims?
Common defects include:
- Failure to deploy in a qualifying crash
- Spontaneous deployment
- Overly aggressive inflation causing injury
- Airbag ruptures (e.g., Takata inflators)
- Software or sensor failure
- Use of counterfeit or recycled components
How do I know if my airbag system was defective?
Preserve the crash vehicle and obtain the Event Data Recorder (EDR) report. A qualified automotive engineer or forensic expert can analyze the system’s performance during the crash to identify potential defects.
What is the Takata airbag recall lawsuit about?
The Takata recall involves tens of millions of vehicles equipped with airbags that can explode upon deployment due to unstable ammonium nitrate propellant. These defects have caused deaths and injuries worldwide. Lawsuits focus on personal injury, wrongful death, and economic losses.
Is the Takata airbag recall still active in 2025?
Yes. The recall is ongoing. Many vehicles remain unrepaired. NHTSA and automakers continue outreach efforts. You can check your VIN at nhtsa.gov/recalls to see if your vehicle is affected.
Who can be held liable in an airbag defect case?
Potential defendants may include:
- The vehicle manufacturer
- The airbag supplier (e.g., Takata, Autoliv, ZF TRW)
- Component part suppliers
- Dealerships or repair shops (if they modified or disabled the system)
What injuries are commonly caused by airbag defects?
Injuries may include:
- Skull fractures and facial trauma
- Eye injuries or blindness
- Burn injuries from hot gases or chemicals
- Neck and spinal injuries
- Internal bleeding or organ damage
- Wrongful death
How long do I have to file an airbag defect lawsuit in Florida?
Florida’s statute of limitations for product liability is typically four years from the date of injury. In wrongful death cases, the period is two years. Early investigation is critical, especially when vehicle evidence must be preserved.
What is the value of an airbag defect claim?
Case value depends on the severity of injuries, medical costs, lost income, pain and suffering, and whether punitive damages are available. Cases involving permanent disability or death tend to have higher value, especially when negligence is proven.
Can I sue even if there wasn’t a recall on my vehicle?
Yes. A recall is not a prerequisite for filing a lawsuit. If an airbag system fails and causes injury, you may still have a viable legal claim based on defect evidence, regardless of whether the manufacturer acknowledged the problem.
What’s the difference between a design defect and a manufacturing defect in airbag cases?
- Design defect: The airbag was inherently unsafe across an entire model line (e.g., Takata inflators).
- Manufacturing defect: The specific airbag in your vehicle deviated from its intended design (e.g., improper welds or faulty wiring).
Both can result in liability under Florida law.
Can I file a claim if my airbag deployed and injured me unnecessarily?
Yes. If the deployment occurred in a minor crash or without cause, it could indicate a sensor or algorithm failure. Overly aggressive deployment can also cause preventable injuries.
Can an airbag cause more harm than good in a crash?
Yes. Defective airbags may deploy with too much force, release shrapnel, or deploy when unnecessary. In some cases, this results in catastrophic injury or death rather than protection.
How are airbag defect cases investigated?
Our attorneys often work with crash reconstruction experts, biomechanical engineers, and vehicle safety specialists. They analyze the Event Data Recorder, inspect airbag control modules, and review NHTSA complaints and prior recalls.
Do I need to keep the vehicle after a crash involving airbag failure?
Absolutely. The vehicle is a key piece of evidence. Do not authorize repairs or disposal. Notify your insurance company that legal counsel is reviewing the case and request that the vehicle be preserved.
How can I find out if my vehicle has an open airbag recall?
Visit nhtsa.gov/recalls and enter your 17-digit VIN. This will show active recalls for your make and model. You can also contact the dealership or manufacturer directly.
What role does the NHTSA play in airbag defect cases?
The National Highway Traffic Safety Administration (NHTSA) tracks defect trends, issues recalls, and maintains a database of consumer complaints and investigations. Their findings often support legal claims.
Why should I hire an airbag defect lawyer instead of a general car accident attorney?
Airbag defect litigation requires technical knowledge, access to expert engineers, and experience handling automotive product liability cases. A seasoned airbag defect lawyer understands crash dynamics, federal safety standards, and how to litigate against major automakers.
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