Can You Sue for Faulty Airbags?

If you were injured in an accident and suspect that faulty airbags are to blame, can you sue? If so, how do you sue for faulty airbags, and how much can you expect to receive if your lawsuit is successful? Our experienced airbag defect lawyer explains:

Yes, You Can Sue for Faulty Airbags

We’ll begin by making clear that, yes, you can sue for faulty airbags. If you were injured in an accident—or if your injuries were worse than they should have been—because your airbags failed to properly deploy, this can provide clear grounds to seek just compensation.

In this situation, you will not be dealing with the other driver’s auto insurance company (though it is possible that you could have an insurance claim, too). Instead, you will most likely be dealing with your vehicle’s manufacturer. Automotive manufacturers have a legal duty to ensure that their vehicles are reasonably safe for the road, and if a vehicle is not reasonably safe, its manufacturer can—and should—be held accountable.

This is true even when an automotive manufacturer does not make the specific component that is responsible for an accident victim’s injuries, as is typically the case with airbags. Rather than designing and manufacturing their own airbags, most automakers buy airbags from other companies. Two of the major airbag manufacturers are—or were—Takata and ARC. While ARC is still in business, Takata went bankrupt in 2017 after investigations revealed that it sold tens of millions of defective airbags to most of the world’s leading automotive manufacturers.

Despite Takata’s bankruptcy and a nationwide recall, many people still have defective Takata airbags in their vehicles. Concerns have been raised about ARC airbags as well. As a result, faulty airbags are a very real concern, and if you believe that you may have been harmed by a faulty airbag, you should absolutely speak with an airbag defect lawyer about filing a lawsuit.

Suing for a Faulty Airbag Requires Proof of Defectiveness

Filing a lawsuit requires more than simply claiming that you were harmed by faulty airbags. To recover just compensation, you must be able to prove that your airbags were defective.

“Defect” is a legal term that has a very specific legal meaning. Proving that an airbag is defective requires evidence that either:

• The airbag was faulty as a result of a fundamental flaw with its design (referred to as a “design defect”);
• The airbag was faulty as a result of an issue that arose during the manufacturing process (referred to as a “manufacturing defect”); or,
• The manufacturer failed to adequately warn about known risks with its product (referred to as a “failure to warn” defect claim).

Investigations conducted by the National Highway Traffic Safety Administration (NHTSA) and during Takata injury lawsuits have revealed evidence demonstrating that Takata airbags suffer from a significant design defect. This means that all Takata airbags are affected. Essentially, an issue with the way Takata airbags were designed made their inflator mechanisms prone to failing, which can cause them to either fail to deploy or explode violently instead of deploying properly.

The NHTSA reportedly found similar issues with ARC airbags in 2023. While ARC has disputed the NHTSA’s findings, the NHTSA affirmed that it stands behind the findings in July 2024, and it remains possible that we could see an ARC airbag recall in the not-too-distant future.

When you hire an airbag defect lawyer to file a faulty airbag lawsuit, your lawyer will take all of the steps necessary to prove your legal rights. This includes gathering the evidence needed to prove that your airbags were defective. With that said, if your vehicle has not yet been repaired, you will want to make sure you speak with a lawyer in time to have your airbags (and the rest of your vehicle) inspected before the deployed airbags get removed.

Potential Damages in a Faulty Airbag Lawsuit

Let’s say you have grounds to sue for faulty airbags. Is filing a lawsuit worth it?

The answer to this question depends on your individual circumstances. For many people, filing a lawsuit affords the opportunity to recover just compensation for a variety of financial and non-financial losses. For those who have suffered serious airbag-related injuries, these losses can be substantial. Recoverable losses in faulty airbag lawsuits include:

• Medical bills, prescription costs and other out-of-pocket expenses
• Loss of income, benefits and future earnings
• Loss of consortium, companionship and enjoyment of life
• Pain, suffering, emotional trauma and post-traumatic stress
• Permanent scarring and disfigurement

If you have significant losses in each of these categories, then hiring an airbag defect lawyer to file a lawsuit could be well worth it. While you won’t have to pay anything out-of-pocket, pursuing a lawsuit requires time and effort. As a result, it is important to ensure that you are fully committed to the process. If the value of your claim is substantial, then you could receive a sizable settlement or verdict, even after taking your lawyer’s contingency fees into account.

With that said, there are no guarantees, and numerous factors can influence your likelihood of success. These factors include how quickly you take action and how carefully you choose your airbag defect lawyer, among others. The first step is to schedule a free consultation. During your free consultation, you should be able to gather all of the information you need to begin making informed decisions about your next steps—whether this means filing a lawsuit for faulty airbags or seeking compensation for your losses through other means.

Request a Free Consultation with an Experienced Airbag Defect Lawyer

Do you need to know more about filing a lawsuit for faulty airbags? If so, we can help, and we invite you to get in touch. We represent victims and families in defective airbag lawsuits against automotive manufacturers nationwide. To request a free consultation with an experienced airbag defect lawyer, give us a call at 866-247-2247 or tell us how we can reach you online today.