Defective Airbags

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Defective Airbag Lawsuits

If a person is injured as the result of a defective airbag, he or she can file a personal injury lawsuit against the responsible parties seeking compensation for their injuries.  If a person is killed due to a defective airbag, the family members of the deceased can bring a wrongful death action against those responsible for their loved one’s death.   

Lawsuits related to defective airbags can be extremely complex and expensive.  Significant resources must be expended immediately after the accident in order to properly investigate the facts of the case and preserve critical evidence for analysis by various experts.  If evidence is lost, damaged, or destroyed, it can greatly diminish the value of the plaintiff’s claim and reduce their ability to succeed in any subsequent litigation.  Gathering, protecting and analyzing evidence in a defective airbag case can be extremely difficult and should only be performed by professionals with experience in automotive accident forensics and defective airbag lawsuits. 

As part of the post-accident investigation, the plaintiff’s attorney and their staff will gather as much information and evidence as possible to help establish causation, liability and damages.  They will gather documentary evidence, such as police reports and medical records, take photographs, and interview witnesses with first-hand knowledge regarding the accident or the plaintiff’s injuries.  In automotive products liability cases, a great deal of time and effort will also be spent collecting and analyzing historical records regarding the vehicle and its component parts.  Finally, a variety of different experts and consultants will be engaged to review and analyze the evidence and offer opinions regarding any defects that may or may not be present.  All of this work is typically performed before a formal lawsuit is even filed and it can be extremely expensive. 

If it is determined that the plaintiff’s injuries were caused by a defectively designed or manufactured product, the plaintiff can file a products liability lawsuit against the sellers of that product.  Products liability lawsuits are governed by special rules which sometimes make it easier for a plaintiff to recover for their injuries.  Responsibility for injuries caused by a defective or dangerous product may fall on a number of different parties involved in its chain of distribution.  These parties generally include the designer, manufacturer, wholesaler and retail seller of the product.  There are three main theories under which the sellers of defective products may be held liable to one who is injured: (1) negligence, (2) breach of warranty, and (3) strict liability. 

Every defective product lawsuit is different and the unique facts and circumstances of the case will determine the best legal theory to pursue and the evidence which will be required to prove the plaintiff’s case.  What is universally true, however, is that extensive work and testimony from qualified experts will be necessary to succeed in any automotive products liability case.

It is very important to note that all personal injury, wrongful death and products liability lawsuits are subject to strict “statutes of limitation.”  A statute of limitation is a law which limits the amount of time you have to file a claim and if the applicable deadline is missed, your right to recovery will be lost forever. 

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