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deployed air bags after a car accident

Who Is Liable for a Defective Airbag Injury?

Downs, McDonough, Cowan & Foley Nov. 29, 2022

Airbags are installed in motor vehicles to protect the head, chest, and neck to mitigate serious injuries during a traffic crash. Unfortunately, airbags are not totally effective and reliable. In some situations, the airbag may deploy suddenly, incorrectly, or even fail to deploy during the auto crash. If an airbag is defective or fails to deploy during an accident, the injured party may be eligible to seek damages through a product liability claim. 

At Downs, McDonough, Cowan & Foley, LLC, we’re poised and ready to guide and represent clients in their product liability cases. Our highly-skilled Colorado personal injury attorneys can investigate every aspect of your unique situation, identify the liable party, and help file your claims. Also, we will fight zealously for your legal rights and help you seek deserved compensation for your injuries. We’re proud to serve clients across Durango, Pagosa Springs, Cortez, and Telluride, Colorado. 

Types of Airbag Defects  

Here are some common types of airbag defects: 

  • Failure to deploy 

  • Airbag sensor malfunctions 

  • Faulty airbag designs 

  • Accidental airbag deployment 

  • Defective impact sensors 

  • Deployment with excessive force  

  • Late airbag deployment 

  • Failure to fully inflate or maintain sufficient inflation 

  • Faulty on-off switches 

  • Electrical system problems 

  • Manufacturing defects 

  • Airbag explosion 

Unfortunately, any of these airbag defects may result in minor or severe injuries to the car occupants, including the driver and passengers. 

Common Airbag Injuries  

Here are some common injuries that can be sustained by vehicle occupants due to a defective airbag: 

  • Face injuries – such as eye damage, blindness, or facial fracture 

  • Burn and laceration injuries 

  • Chest injuries 

  • Back and neck injuries 

  • Internal injuries 

  • Burns to the face, hands, legs, and arms 

  • Concussions 

  • Brain swelling 

  • Rib fracture 

  • Whiplash 

  • Hearing loss 

  • Head injury 

  • Contusions 

  • Traumatic brain injuries 

  • Irritated lungs from chemicals released by the airbag 

If you or someone you know was injured due to defective airbag deployment, you need to reach out to an experienced personal injury attorney immediately. Your legal counsel can evaluate every detail of your unique situation, determine who is liable for your injuries, and explore your options to seek damages. 

Liability for the Injury 

Product liability claims may be due to design defects, manufacturing defects, or marketing defects. A number of different parties may be held responsible for a defective airbag injury, depending on the surrounding circumstances. These include: 

  • The auto manufacturer 

  • The airbag manufacturer 

  • The installer or tester 

  • The distributor 

  • The product designer 

A skilled Colorado product liability attorney can help identify the liable party, determine the type of claim, and seek to establish liability. To recover damages in your defective airbag injury claims, you will be required to establish liability by showing the following elements: 

  • The defendant owed you a legal duty of care with regard to the product. 

  • The defendant breached that duty of care. 

  • The breach or at-fault party’s negligence caused your injuries. 

  • You suffered actual damages or harm due to the breach. 

A dependable personal injury attorney can fight vigorously for your legal rights, prove negligence and liability, and help pursue fair financial compensation for your injuries. 

Possible Compensation 

The following damages may be recovered by filing a product liability or defective airbag injury claim: 

  • Medical expenses, including past, present, and future medical treatments 

  • Lost wages 

  • Physical pain and suffering 

  • Loss of earning capacity 

  • Loss of services provided for the family 

  • Mental anguish 

  • Loss of quality/enjoyment of life 

  • Permanent disability 

  • Wrongful death damages, where applicable 

  • Punitive damages 

A skilled lawyer can advocate for your legal rights and attempt to recover the maximum possible compensation for your injuries and damages. 

Experience You Can Depend On  

Contact Downs, McDonough, Cowan & Foley, LLC today to schedule a simple case assessment with seasoned product liability attorneys. Our caring legal team can represent you diligently in your defective airbag injury claims and help pursue your rightful compensation. Our firm proudly represents clients across Durango, Pagosa Springs, Cortez, and Telluride, Colorado.