Airbag Injury Claims: Understanding Liability and Compensation

Airbags are designed to protect drivers and passengers in the event of a crash. When functioning properly, they can reduce the risk of serious injury or death. However, in some cases, airbags themselves become the cause of injuries. Whether due to defective manufacturing, improper deployment, or failure to deploy when needed, airbag-related injuries can leave victims with medical bills, lost wages, and lasting physical and emotional trauma.

If you or a loved one has suffered an airbag injury in New Jersey, understanding your legal rights is crucial. You may be entitled to compensation, but proving liability in these cases can be complex. 

Below, we break down the key aspects of airbag injury claims, including who may be responsible and what compensation you might recover.

Common Types of Airbag Injuries

Airbags deploy in less than a fraction of a second, often with great force. While they can prevent catastrophic head and chest injuries in a crash, they also pose risks of harm. Some common airbag-related injuries include:

• Facial Injuries: Airbag deployment can cause broken noses, eye injuries, and facial fractures. The high speed at which the airbag inflates can lead to lacerations and bruising, particularly if the victim wears glasses or has facial piercings.
  
• Burns and Abrasions: The rapid deployment process releases hot gases and chemicals, leading to burns on the face, hands, and arms. Additionally, the fabric of the airbag itself can cause friction burns upon contact with the skin.
  
• Chest and Rib Injuries: The force of an airbag can result in fractured ribs, sternum injuries, or internal organ damage. These injuries can be especially severe for older adults or individuals with preexisting health conditions.
  
• Neck and Spinal Cord Injuries: The impact of an airbag can strain or hyperextend the neck, leading to whiplash or spinal damage. If the victim’s head is positioned too close to the airbag, the sudden inflation can cause serious cervical spine injuries.
  
• Hearing Damage: The explosion-like deployment of an airbag can cause ear injuries, including ruptured eardrums. The sound pressure level of an airbag deployment can reach 160 decibels, similar to a shotgun blast.
  
• Fatalities: In rare cases, especially involving defective airbags, victims have suffered fatal injuries. Infants, young children, and small-statured adults are particularly vulnerable if they are positioned too close to the airbag when it deploys.

Liability in Airbag Injury Cases

Determining who is responsible for an airbag injury requires a thorough investigation. Potentially liable parties in New Jersey include:

Vehicle Manufacturers

If a car manufacturer installed a faulty airbag system or failed to issue necessary recalls, they may be liable. Companies have a legal duty to ensure their products are safe and free from design defects. If a manufacturer knew about potential defects and did not take corrective action, they could be held accountable under New Jersey product liability laws.

Airbag Manufacturers

Many airbag systems are produced by third-party manufacturers. Takata Corporation, for example, was responsible for a massive airbag recall affecting millions of vehicles due to defective inflators that exploded upon deployment. If a defective airbag injured you, the airbag maker could be held accountable for the injuries under strict liability laws.

Mechanics and Dealerships

If a dealership or repair shop improperly installed or failed to maintain your vehicle’s airbag system, they could be responsible for the malfunction. A negligent mechanic who fails to replace a recalled airbag, or one who installs an airbag improperly, could be held liable for injuries resulting from a malfunction.

Negligent Drivers

If another driver caused the accident that led to your airbag injury, they might be held responsible for damages. Even if the airbag itself was defective, the driver who caused the collision may still be responsible for contributing to the victim’s injuries.

How Airbag Injuries Occur

Airbag injuries can happen in various scenarios, including:

• Defective Deployment: The airbag deploys too forcefully, too late, or when not needed, increasing the risk of injury.
  
• Failure to Deploy: In some cases, airbags fail to activate during a crash, leading to severe injuries that could have been prevented.
  
• Spontaneous Deployment: Airbags can deploy without an accident, startling drivers and causing crashes.
  
• Defective Materials: Airbags made with faulty components, such as inflators, may explode upon deployment, leading to shrapnel injuries.

If you suspect an airbag malfunction caused your injuries, preserving evidence—such as photos, medical records, and vehicle inspections—is critical. It is also important to seek legal counsel as soon as possible to ensure an investigation is conducted before evidence is lost or destroyed.

Compensation Available in Airbag Injury Claims

Victims of airbag injuries in New Jersey may be eligible to recover compensation for:

• Medical Expenses: Covers hospital bills, surgeries, rehabilitation, and ongoing treatment.
• Lost Wages: Compensation for time missed at work due to recovery.
• Pain and Suffering: For physical pain and emotional trauma caused by the injury.
• Permanent Disability: If the injury leads to long-term or permanent impairment.
• Wrongful Death: If a loved one suffered a fatal airbag-related injury, their family may pursue a wrongful death claim.

Statute of Limitations in New Jersey

New Jersey law sets strict deadlines for filing airbag injury claims:

• Personal Injury Claims: Two years from the date of injury (N.J.S.A. 2A:14-2).
• Product Liability Claims: Also two years from the injury date.
• Wrongful Death Claims: Two years from the victim’s death.

Failing to file within the statute of limitations can result in losing your right to seek compensation. To ensure you meet the legal deadlines, consult an attorney as soon as possible.

Injured Due to an Airbag? Contact Our Experienced Attorneys

If you or a loved one has suffered an airbag-related injury, Rosengard Law Group is here to help. Our experienced New Jersey personal injury attorneys understand the complexities of airbag defect cases and will fight to secure the compensation you deserve.

Why Choose Us?

• Proven track record in personal injury and product liability cases.
• Deep knowledge of New Jersey laws and regulations.
• No fees unless we win your case.

Don’t wait—time is limited to file a claim. Contact Rosengard Law Group today for a free consultation at (856) 284-6446. Let us help you take the next steps toward justice and recovery.