If I am injured as the result of a defective airbag who can I hold responsible?
The most obvious party one can look to for compensation in the event an airbag fails to deploy or malfunctions would be the manufacturer of the vehicle the airbag was installed in. There is a basic public policy that the party that places a defective product into the stream of commerce is best situated to bear the expense for injuries that may occur as a result of the intended use of said product, and has the obligation and responsibility to make injured parties whole for any harm that may have resulted from injuries suffered as a result of that defective product. Even though the vehicle manufacturer may have not designed or manufactured the airbag that caused the injury, they chose to install that particular product in their automobiles and, therefore, have an obligation to place reasonably safe components in their products. Any injury that may result from their (auto manufacturer) poor choice in installing a defective product into a vehicle they intended to sell to the public would ultimately place responsibility for any injuries resulting from that choice. It is also arguable that, even in the event the airbag was not proven to be defective in and of itself, the auto manufacturer’s choice of ancillary components used in conjunction with the airbag, the auto manufacturer’s actual process of installing those components, could have been the cause of the airbag malfunction and the auto manufacturer may be responsible of any injuries under that theory as well.
Often a party, other that the auto manufacturer, designed and manufactured the actual airbag and associated components that were installed in the auto that experienced airbag failure. That component manufacturer has a duty, just as the auto manufacturer has, to provide reasonably safe products into the stream of commerce and that failure may expose them to liability for any injuries resulting from that failure. That obligation may also extend to the suppliers who provided the materials used to assemble any components if those materials are shown to be substandard and cause the airbag failure.
Human error could also result in potential liability for injury. Improper installation and/or maintenance of otherwise defect free components which result in injury due to airbag failure, could expose a technician and/or his employer to liability for injuries as well.
As illustrated, the analysis of who may be responsible for compensation to a victim of airbag malfunction related injuries is not simple or obvious. In the event you suffer an injury as a result of a suspected airbag malfunction you need the assistance of an aggressive and experienced attorney to properly investigate the facts surrounding your accident and identify any and all parties that may be responsible for your injuries. The Law Office of Dan Newlin & Partners are the people you want to call when you have questions concerning defective airbags. Our firm’s years of experience, handling over 10,000 injury accidents, gives us the knowledge and experience to maximize the value of your case and assist you with achieving a successful resolution to your case. Call Dan Newlin & Partners at (407) 888-8000. You will be glad you did.