Airbags are safety features that are installed in motor vehicles to protect all occupants from injury in the event of an auto collision. However, airbags due to negligence may be designed or manufactured without regard to safety. This could cause serious accidents and injuries to occur. If you or someone you loves has been injured due to a defective airbag, contact an experienced Queens Product Liability Attorney who can help you recover just compensation for your damages.
What causes an airbag to be defective?
An airbag is supposed to provide an individual with cushioning that protects their upper extremities in a collision. However, if an airbag has a design or manufacturing defect, it causes the airbag to be ineffective. This means it will not function as it was intended to. Essentially, airbags work with seatbelts to prevent individuals from being ejected or harmed by outside objects in a collision. The following are potential airbag defects that could cause serious accidents and injuries:
- Manufacturing defects
- Design defects
- Failure to warn
- Deployment when there is no impact
- Premature deployment
- Failure to deploy when hit with force impact
- Delayed deployment
- Airbags that deploy with excessive force
- Faulty on and off switches
- Electrical system malfunctions
- Impact sensor malfunctions
- Failure to maintain inflation
Who could be held accountable?
Several parties could be held liable for an injury caused by a defective airbag. Typically, when the defective product involves a safety feature in a motor vehicle, the liability falls on the car company or the manufacturer. Essentially, defective airbags could be caused by design defects, manufacturing defects, or a failure to warn individuals of the potential danger of the product.
In New York, victims have to fulfill the burden of proof to recover financial compensation for their economic and non-economic losses. This means they must prove their injuries were directly caused by negligence. Both product designers and manufacturers owe consumers a legal standard duty of care. Victims must prove they breached their duty of care which caused them to sustain their injuries. Additionally, they must prove their damages could have otherwise been prevented if they designed or manufactured the product differently. Victims have three years from the date their injuries were inflicted to file a claim for product liability. Victims must file within this period. If they fail to do so they will be barred from filing one in the future as well as lose their chance at recovering financial compensation for their losses.
If you have been injured by a defective airbag that caused you physical and mental pain, contact one of our skilled and knowledgeable. With years of experience, our determined team members can help you seek the justice you deserve. We are ready to fight on your behalf today.
