Driving is a routine part of life in Los Angeles, but it can become hazardous if your vehicle is equipped with a faulty airbag. If you’ve been involved in a vehicle accident and been injured due to an airbag problem, you may be wondering whether you can sue for faulty airbags. We’ll explore the basics of airbag recall lawsuits, potential compensation, and how Jacob Emrani can help if you want to file an airbag personal injury lawsuit.
What Is an Airbag Recall?
An airbag recall occurs when a manufacturer notifies customers of a defective product. When the manufacturer becomes aware of the defect, they issue a safety alert in the form of an airbag recall. This allows anyone who purchased the product to have it replaced or repaired by the manufacturer free of charge.
Even if a manufacturer releases an airbag recall, you may still be able to file a defective product lawsuit if you incurred an injury as a result of the recalled airbag.
Can You File a Lawsuit If Your Airbag Was Recalled?
If you or another passenger was injured due to a defective airbag, you may be able to file a lawsuit even if the manufacturer issued a recall.
Understanding Product Liability
Product liability refers to the responsibility that manufacturers and distributors bear for injuries or losses caused by defective products. Product liability can include several categories:
- Design defects: Refer to faulty design elements that may cause injury. This usually includes all batches of the product.
- Manufacturing defects: Refer to production problems where the product was not properly constructed. Depending on the defect, this may affect all product batches or only a subset of them.
- Marketing defects: Refer to a failure by the manufacturer or seller to adequately warn consumers about the product’s dangers.
Grounds for Filing a Lawsuit
For a defective airbag lawsuit to be successful, you must be able to reasonably prove that the airbag itself contributed to the injury. Crash reports and medical records are essential, as these can help demonstrate the role of the airbag in the crash.
Factors That Impact a Lawsuit
When you’re preparing your case, it’s important to consider all the factors. Some important things that can influence your airbag recall lawsuit include:
- Extent and severity of injuries
- Whether the injury occurred while you were working
- Any changes you made to the vehicle
- The accident report
- The medical report
Who May Be Held Liable?
If you’re injured by a defective airbag, there are several parties who may be liable in a lawsuit.
Automobile Manufacturer
The automobile manufacturer may be liable in an airbag lawsuit if the airbag was installed incorrectly or if other aspects of the car’s construction or design impeded proper airbag action.
Airbag Supplier
If the airbag itself is defective, the airbag supplier may be liable. This can include design and manufacturing defects on the part of the supplier.
Repair Shops
A repair shop could be liable if it incorrectly repaired or replaced an airbag. They may also be liable if they disconnected the airbag system during an unrelated repair and failed to properly reconnect it.
Note that multiple parties may share liability in some cases.
Potential Compensation for a Successful Lawsuit
If you suffer an injury due to a defective airbag, you may be able to receive compensation. Some damages that you may receive from a successful lawsuit include:
- Current and future medical bills related to the crash
- Lost wages and earning capacity as a result of injury
- Costs related to the injury, including home accessibility modifications
- Emotional damages
- Funeral costs
- Loss of consortium
The extent of compensation depends on the success of the lawsuit and the extent of the injury, as well as the demonstrable impact of the injury on your life.
Steps to Take If You Are Considering a Lawsuit
If you’re considering filing a defective product lawsuit for a faulty airbag, start with the following steps:
- Step one: Find the accident report. This is one of the key pieces of evidence in proving the role of the airbag in your injury. Obtain a copy of your accident report and keep it on hand to show your lawyer.
- Step two: Gather medical records. Keep copies of all medical records, bills, and other relevant documents related to the crash, and track any expenses, such as home care, physical therapy, and other costs incurred due to the injury.
- Step three: Compare cases. Do a quick search for other lawsuits related to the car or airbag brand to see if similar cases have succeeded.
- Step four: Hire a lawyer. Meet with a lawyer who has experience dealing with product liability lawsuits. At Jacob Emrani, our team is knowledgeable about filing airbag recall lawsuits in California.
Common Challenges in Airbag Recall Lawsuits
There are many complications when filing an airbag recall lawsuit. The opposing party may use some or all of the following challenges.
Other Injury Causes
One common issue in airbag lawsuits is proving that the airbag was a significant contributing factor to the driver’s injury. For example, the defense may argue that other causes, such as vehicle safety systems, also lead to injuries.
Driver Negligence
If you missed other important safety criteria, such as wearing a seatbelt, the defense may argue that driver negligence was a factor in the injury.
Vehicle Modifications
If anyone has performed DIY modifications or repairs on the vehicle, this can complicate the case. The defense can argue that these DIY repairs, rather than any actions by professional repair shops or manufacturers, impeded the airbag’s proper functioning.
Contact The Law Offices of Jacob Emrani Today
If you’ve been injured due to a recalled airbag, we can help. With free consultations and over 25 years of experience in Los Angeles personal injury law, we make it easy to determine the next steps for your defective product lawsuit with no upfront costs. Call (888) 912-7115 to set up your no-cost case evaluation!