Unfortunately, sometimes individuals buy products believing they are safe, however, they may be defective which could result in serious accidents and injuries. When an individual buys a car, they expect the company and manufacturer to provide them with safety features that function properly. However, certain design and manufacturing defects could cause an airbag to be defective which could result in catastrophic injuries and devastating fatalities. If you have been injured due to a defective airbag, contact one of our experienced and determined Westchester County Product Liability Attorneys.
What is a defective airbag?
Airbags are installed in motor vehicles because they are essential safety features that keep individuals safe in the event of a collision. However, when an airbag is defective it does not function properly. This means it does not provide the necessary cushioning that prevents upper extremity injuries. Airbags that have defects are extremely dangerous. It is common for airbags to be recalled as there are often electrical system malfunctions that cause airbags to be ineffective. If an airbag is defective it could cause the impact sensors to malfunction which could deploy an airbag when there is no impact resulting in a serious collision. Additionally, if an airbag deploys prematurely or too late, individuals will have no cushioning to keep them at a safe distance from the dashboard and outside objects in the event of an auto accident. If an individual is not protected by an airbag they could sustain traumatic head and neck injuries. Furthermore, defective airbags may not maintain sufficient inflation which makes them ineffective. Potentially a defective airbag could deploy with excessive force or explode which could cause life-altering injuries. If an airbag explodes it could cause burns, blindness, hearing loss, and disfigurement. There are several different ways airbags can be defective which could result in serious injuries and accidents.
Who is responsible for injuries caused by a defective airbag?
Oftentimes, car companies and manufacturers are responsible for defective airbag injuries. Typically, products cause injuries because of design or manufacturing defects. However, victims must fulfill the burden of proof to prove their injuries were directly caused by negligence. This means a victim must prove the company or manufacturer failed to produce a safe product which ultimately resulted in injury. To fulfill the burden of proof for a defective airbag case, victims must:
- Prove the negligent party owed a standard legal duty of care for the product
- Prove the negligent party breached that duty of care.
- Prove the breach of that duty of care directly caused injury to occur
- Prove that breach of duty of care caused serious harm and damages
In New York, victims of product liability have three years from the date of their injuries to file a claim to recover monetary compensation for their damages. If a victim fails to file a claim within this period, they will be barred from doing so in the future.
If you have been injured by a defective airbag, don’t hesitate to reach out to one of our knowledgeable and skilled attorneys. Our firm is committed to helping our clients recover just compensation for their losses.