AIRBAG DEFECTS

Airbag non-deployment happens when an airbag is supposed to release but doesn’t. If an airbag fails to deploy, obviously all further safety bets are off. Manufacturing defects, design defects, and negligent auto repairs have all been suspected in defective airbag lawsuits.

Essentially, if an airbag fails to deploy, then the protections that were intended for the people in the vehicle are no longer there. This can lead to even more devastating injuries than normal, since the airbags are designed to work in tandem with other safety features, like crumple zones and seatbelts. 

Generally, an airbag will deploy when a sufficient force hits a threshold and initiates the release of the airbag. But there may be defective sensors in an automobile, and an airbag may not deploy at all, or may deploy only partially or late. In such cases, death, severe injuries like traumatic brain injuries and permanent disabilities are possible, such as:

• Traumatic brain injuries
• Severe neck injuries, including whiplash and cervical neck injuries
• Spinal cord and back injuries
• Cuts, abrasions, and lacerations
• Broken bones

In cases where a person has lost a life due to a defective airbag issue, it may be appropriate to file a wrongful death lawsuit. This can help the surviving relatives and family members recover losses connected with the person’s death. 

Causes of Airbag Non-Deployment

Manufacturers can improperly design, test, or install sensors. Failures in software or calibration of the airbag firing threshold can cause an airbag sensor to not detect a collision. Other causes of airbag non-deployment may include:

• Airbag module defect: a defective airbag module may prevent an airbag from firing during an accident. This is most likely the result of inherent design or manufacturing defects.
• Poor airbag design
• Cheap construction materials
• Negligent manufacturing
• Auto repair negligence
• Faulty Steering Wheel Wiring
• Corroded or severed electronics: Airbag failures can occur when manufacturers choose to run wires through areas that make them vulnerable to being severed during a crash. If sensor wiring is damaged or severed, signals will fail to reach the airbag module and it will not deploy.
• Defective software
• Improper testing & quality control

Thus, various parties might be held liable for an accident caused by airbag non-deployment. This can include automobile manufacturers, mechanics, sellers, distributors, and other parties. Contact a lawyer to determine what your legal rights and next steps are.

The National Highway Traffic Safety Administration (NHTSA) has repeatedly warned that tens of millions of cars with Takata airbags face an increased risk of exploding during a collision after prolonged exposure to warm weather and humid conditions.

The NHTSA says, “Long-term exposure to high heat and humidity can cause these airbags to explode when deployed. Such explosions have caused injuries and deaths.”

In the United States there are 50 million defective Takata airbags in 37 million vehicles. Many of them are in states such as Texas, California, and Ohio, where hot, humid summer weather can cause the chemical propellant in defective Takata airbags to explode.

Any vehicle with a defective airbag may be a safety risk, and the NHTSA has warned that more vehicles will soon be recalled, bringing the total number of recalled Takata airbags to between 65 million and 70 million by 2019.

Starting in 2013, six automobile makers were involved in the initial Takata recall. The issue quickly engulfed 19 automakers, and Takata was soon inundated with hundreds of lawsuits. The company failed to act quickly, and more accidents were reported. Takata said it had little idea as to which cars used its defective inflators, or even what the root cause was.

Takata first explained that propellant chemicals were improperly stored during assembly, causing metal airbag inflators to burst open due to excessive pressure inside. Then, the company blamed humid weather which was accompanied with additional recalls.

Takata has now admitted that rust and bad welds on inflators are also at fault. Company documents show that Takata’s Mexico plant allowed a defect rate that was “six to eight times above” acceptable limits. Defective airbags were shipped and sold to millions of customers.

Takata, under fire for years, finally filed for bankruptcy-court protection in the U.S. and Japan, as the company faces billions of dollars in legal liabilities resulting from years of recalls and lawsuits.

Takata’s recalled airbag inflators have been linked to at least 180 injuries and 20 deaths. Automakers such as Ford, Nissan, Toyota, Honda Motor, and Mazda have paid huge settlements to settle personal injury and product liability claims. It is the largest auto recall in United States history.

Delayed deployment occurs when the airbag deploys at a later time than it is supposed to. This has the dual effect of not protecting the person when needed, and then causing further injury after the accident by deploying too late. 

In the spring of 2014, 2005-2006 GM Cobalts and 2003-2005 GM Ions were recalled due to an ignition switch issue related to delayed airbag deployments. The NHTSA has received much ridicule over the fact that such vehicles were not recalled much sooner.

The organization attempted to defend itself by arguing that there were more vehicles with consumer injury-crash complaints than these two models. Mercedes-Benz vehicles have been recalled for delayed airbag deployment.

However, a recent analysis has found no statistically significant difference between the crash complaints filed regarding the Cobalt or Ion and any other vehicles. The organization then went on to say that GM did not provide them with sufficient information, when in reality, it appears that the NHTSA simply did not choose to run the required analyses.

Chrysler issued a recall on Dodge 2003-2004 (NHSTA ID 13V040) due to inadvertent airbag deployment. This is a very serious problem that can lead to severe injury, paraplegia, quadriplegia, and death, especially among children and the elderly.

Another Fiat Chrysler recall from September 2017 indicates that 210,000 Dodge Grand Caravans had an airbag defect — specifically the steering wheel wiring was misplaced and could result in inadvertent airbag deployment.

Honda Motor recalled over 1 million Acura and Honda vehicles in the U.S. with defective air bag inflators that potentially could explode and send sharp metal into the vehicle, endangering drivers and passengers. Honda announced the recall of Takata airbags, which is a part of the largest auto recall in U.S. history, involving 50 million defective airbags, according to the NHTSA.

The NHTSA has said that 15 people in the United States have been killed by faulty Takata airbag inflators, and possible hundreds have allegedly been injured following car collisions when airbags fail to deploy or explode and injure passengers.

Almost 120,000 2019 Honda CRV SUVs were recalled due to faulty wiring affecting the airbag functionality. Some accidents and injuries have already been reported.

The NHTSA has followed Takata’s airbag recalls and investigated the company’s negligence for several years. In one case, Honda found defective air bag inflators made at a Takata facility in Mexico in which the company’s “manufacturing process errors” resulted in excessive moisture in the inflator. 

According to Honda, the moisture produced a high amount of pressure, causing it to rupture. The potential airbag explosions sent pieces of metal into the vehicle and injured passengers.

Contact a lawyer if you have questions about whether your particular vehicle model is affected.

Over 288,000 Mercedes-Benz vehicles have been recalled to replace passenger-side front airbag inflators. A chemical in Takata airbags can become unstable over time, leading to non-deployment, delays in airbag deployment, and injuries related to the recalled Mercedes airbags. Defective airbags may rupture and shoot metal fragments into a vehicle, posing severe risks to passengers.

The Mercedes airbag defect in question may result in non-deployment or there may be a delayed deployment, placing passengers and drivers at risk following serious collisions.

Ford recalled around 953,000 vehicles worldwide to replace Takata passenger airbag inflators that may potentially explode and send deadly shrapnel into vehicles. The recall is part of the largest series of airbag recalls in U.S. history.

Takata, the company responsible for manufacturing the faulty airbags, used ammonium nitrate to induce an explosion to inflate airbags. But the chemical can change over time due to existing heat and humidity and may explode with too much force, destroying the metal canister meant to contain the explosion.

At least 23 people have been killed by the inflators, and many others injured worldwide.

Toyota AirBag Recalls

Toyota is recalling certain model year 2012-2013 Avalon, Avalon HV, Venza, Camry, and Camry HV vehicles. In the affected vehicles, the drain hose for the air conditioning condenser may become clogged causing water to accumulate at the bottom of the air conditioning condenser unit housing.

The accumulated water may then leak through a seam in the housing onto the airbag control module potentially resulting in a short circuit of the module.

GM Airbag Recall

Nearly 6 million General Motors vehicles with faulty Takata airbag inflators were recalled, another step in a massive airbag defect saga for Takata.  

Other manufacturers are likely to add to the millions of recalled airbags. Used car dealers are also still selling vehicles with recalled airbags, and injuries have been reported. 

GM resisted the recall for years, but the National Highway Traffic Safety Administration insisted and  gave GM 30 days to come up with a recall plan. 

Hire an Airbag Failure Lawyer

Airbag defects can create extremely dangerous and sometimes fatal situations for drivers and passengers. The parties that allow such products to enter the market should be held accountable for any injuries they cause to consumers. 

At the Lyon Firm, we dedicate our careers to holding large corporations liable for any negligent violations that put our communities at risk. We put the needs of our clients first and provide them with the utmost attention to detail and care that is required for complex injury cases. Contact us at (513) 381-2333 to schedule a consultation where we can discuss the legal remedies you can obtain under injury laws.