Is It Illegal to Sell a Car with Faulty Airbags?

If you or a loved one has been injured by a faulty airbag, you understandably have lots of questions. Is it illegal to sell a car with faulty airbags? If so, how can automakers and dealerships get away with it? What (if anything) can you do to hold them accountable for your family’s losses? Should you hire a defective airbag lawyer to represent you?

Here’s what you need to know:

What is the Law on Selling a Car with Faulty Airbags?

Automakers and dealerships cannot legally sell cars with faulty airbags. In the United States, all companies have a legal duty to ensure that their products are safe for their intended use. When it comes to airbags, this means:

• Airbags must be designed and manufactured in such a way that they will deploy properly in the event of a collision.
• Airbags must not be prone to corrosion or other issues that can cause them to become faulty over time.
• When airbags deploy, they must do so safely—minimizing injury risk rather than causing injuries due to extreme force, metal fragments, and shrapnel, dangerous chemicals, or other issues.

When companies discover that they have sold defective airbags, they must issue a recall, and they must make arrangements for vehicle owners to have their airbags replaced free of charge. If they fail to do so, they can face class action lawsuits and enforcement action from agencies like the Consumer Product Safety Commission (CPSC). If their defective airbags cause injuries, victims can file individual lawsuits to seek just compensation.  

How Do Automakers and Dealerships Get Away with Selling Faulty Airbags?

If automakers and dealerships cannot legally sell cars with faulty airbags, how do they get away with it?

The unfortunate reality is that, far too often, companies prioritize their profits over people’s safety. For example, even after it became known that Takata airbags were prone to failure, it still took several years for many auto manufacturers to issue recalls for their vehicles.

More recently, when the National Highway Traffic Safety Administration (NHTSA) requested that ARC issue a nationwide recall for its recalls after receiving multiple reports of injuries and deaths, ARC and automakers pushed back—citing the cost of needing to replace millions of airbags free of charge to vehicle owners. After this pushback, the NHTSA agreed to withdraw its request pending further investigation.

In these scenarios, there is only so much that authorities like the CPSC and NHTSA can (and are willing to) do. As a result, it falls to vehicle owners and their families to take legal action on their own.

How Can You Seek Just Compensation for Injuries Caused By an Airbag Defect?

If you or a loved one has been injured by a faulty airbag, you can—and should—seek to hold the manufacturer or dealership accountable. Regardless of whether an automaker has agreed to issue a recall, victims of defective airbags have clear legal rights. Injuries caused by both recalled and unrecalled airbags can justify claims for financial compensation, and you can seek just compensation by hiring an experienced defective airbag lawyer to represent you.

In most cases, seeking just compensation for injuries caused by an airbag defect involves filing a lawsuit against the vehicle’s manufacturer. Most cases involve Takata airbags, and while Takata has gone bankrupt, vehicle manufacturers can be held liable for any and all defective components in their vehicles.

To file a lawsuit, you will need proof that your (or your loved one’s) airbag was defective. You will also need documentation of your (or your loved one’s) injuries and injury-related losses. An experienced defective airbag lawyer will be able to help with both of these aspects of your claim and with the necessary evidence in hand, your lawyer will be able to fight for the financial compensation you and your family deserve.

Should You Hire a Defective Airbag Lawyer to Represent You?

With all of this in mind, should you hire a defective airbag lawyer to represent you? We recommend that you speak with a lawyer if:

• You suffered injuries in a car accident that you believe may be the result of a faulty airbag (i.e., injuries due to airbag non-deployment, delayed deployment, partial deployment or explosion);
• Your child or another loved one suffered injuries in a car accident that you believe may be the result of a faulty airbag; or,
• You lost a loved one in a fatal car accident and believe that a faulty airbag may be to blame for your loved one’s death.

In each of these scenarios, there are many ways an experienced defective airbag lawyer may be able to help you. For example, along with gathering the evidence needed to prove that the airbag that caused your (or your loved one’s) injuries was faulty and documenting your family’s injury-related losses, your lawyer will also be able to file your lawsuit on your behalf. Then, your lawyer can work to negotiate a fair settlement on your behalf, and if a fair settlement isn’t on the table, your lawyer will be able to take your lawsuit to trial.

When you are dealing with the consequences of a faulty airbag, hiring a lawyer to file a lawsuit is the first step toward establishing accountability. It is also the first step toward ensuring that you and your family will have the financial resources you need for the future. Airbag-related injuries and deaths can cause significant financial and non-financial losses, and if you have grounds to file a lawsuit, taking legal action could be essential for the future.

Contact Us for a Free, No-Obligation Consultation Today

Would you like to know more about filing a lawsuit for the consequences of a faulty airbag? If so, we strongly encourage you to contact us for a free, no-obligation consultation. To speak with an experienced defective airbag lawyer in confidence as soon as possible, give us a call at 866-247-2247 or tell us how we can get in touch online today.