Airbags can reduce the risk of severe injuries during a car accident. While many issues can lead to airbag failure, one of the top causes is a defect in the product. When you are injured, you can pursue financial compensation through a defective airbag lawsuit in Philadelphia. A seasoned defective products attorney at Marrone Law Firm, LLC could help you file a suit.

Signs an Airbag Was Defective

Airbags should deploy when a vehicle is involved in a moderate to severe crash. The system has an igniter that starts a chemical reaction to produce a gas that inflates the bag. Many vehicles include both front airbags and side airbags. When an airbag fails to deploy or malfunctions, this often happens due to a manufacturing or design defect. There are several ways to determine whether an airbag was defective.

Manufacturers sometimes recall defective airbags when they discover issues. For example, tens of millions of vehicles were affected by the Takata airbag recall. Aside from airbags failing to deploy, defects can lead to airbags causing injuries when they are effectively deployed. The recalled Takata airbags caused injuries and deaths due to an issue that caused the bags to explode when deployed.

Some examples of defective airbag systems include:

  • Malfunctions with sensors
  • Defects with the inflator
  • Defects with the on and off switch
  • Electrical failures
  • Counterfeit components
  • Untethered airbags
  • Deployment malfunctions, such as deploying with too much force or deploying prematurely

An experienced Philadelphia attorney could help an injured person understand whether there was a deployment malfunction or other airbag defects in an accident.

Companies Are Strictly Liable For Manufacturing Defects

Defective airbags can lead to serious injuries, especially around the head, neck, and chest areas. Some examples include:

An injured person should consult a Philadelphia attorney to evaluate their ability to file a lawsuit against the party responsible for defective airbags. Since cars and airbag systems can use components from multiple manufacturers, the liable party is not always obvious.

Generally, the state holds manufacturers of products liable for selling a product with a manufacturing or design defect that causes injuries when used as intended. When filing a product liability claim against a manufacturer, the injured party must allege whether the defect related to the product’s manufacturing or design.

Manufacturing defects occur when the product is sold in a condition that deviates from the manufacturer’s intended design. This defect must have existed when the specific product left the defendant’s control. In contrast to manufacturing errors, allegations of a design defect mean the issue rendered all similarly designed products as defective. Design defects are more likely to lead to a mass recall.

Contributory Negligence Can Limit a Victim’s Damages

Since airbag defects are usually discovered when a vehicular accident happens, injured people in Philadelphia need to understand how the state handles lawsuits where more than one party is at fault.

According to 42 Pa. C.S. § 7102, the state follows the doctrine of modified comparative fault. When a plaintiff’s negligence contributed to their injuries, they can only recover damages when their responsibility does not exceed the defendant’s fault.

A plaintiff can only recover damages when their percentage of fault is 50 percent or less. If the plaintiff remains under this threshold, they can recover damages in proportion to their percentage of fault. For example, a plaintiff found 40 percent at fault can recover up to 60 percent of the damages sought.

Contact an Attorney in Philadelphia with Questions About Defective Airbag Lawsuits

When you were injured by an airbag that did not deploy properly or otherwise malfunctioned, contact Marrone Law Firm, LLC. Our personal injury attorneys have prior experience and case success with defective airbag lawsuits in Philadelphia.

A defective auto parts lawyer can advise you on the necessary evidence to prove that an airbag was defective, such as existing product recalls, and help you determine the value of your case.