Products Liability
If you a member of your family was injured or killed by an airbag malfunction, you may be able to bring a defective airbag lawsuit and get compensation from responsible parties.
Airbags save lives by mitigating head injuries during vehicle collisions, but only when the work correctly. When airbags have flawed designs or manufacturing defects, they can inadvertently deploy and send dangerous fragments toward the driver or passenger’s head and neck. Improper airbag deployment can cause serious harm and injuries including neck, head and brain damage.
This is exactly what led to the recent safety recall of thousands of ARC Automotive airbags. The national mass tort lawyers at Miller & Zois are currently accepting airbag recall injury lawsuits involving the recalled ARC Airbags. Contact us today at 800-553-8082 for a free consultation.
What Happened?
ARC Automotive, Inc. is a company that makes inflator components used in automotive airbag systems. ARC Automotive has been in the industry for a long time and their inflators have been utilized in airbag systems manufactured by a number of different automotive manufacturers.
In April 2023, the National Highway Traffic Administration, (NHTSA), identified a potentially dangerous defect related to ARC inflators utilized in front seat airbag systems in many different types of cars. The problematic ARC inflators are used in over 67 million airbags that can be found in vehicles from at least 12 major automobile manufacturers.
This defect in the inflators was attributable to design flaws in the ARC system before it implemented new “borescope” technology in 2018. The issue was that the ventilation outlet for the gas that is used to inflate the airbag could potentially become blocked. This could lead to over pressurization resulting in a dangerous rupture of the system sending metal shards flying out at high speeds. Although the inflators are now safe, literally millions of the defective and potentially unsafe airbag inflators are still out there posing a significant threat to the safety of drivers and passengers.
How Airbags Work
Most airbags use a gas called guanidine nitrate as a propellant to inflate the bags. This gas is used because it’s considered safer and more durable than other alternatives. Ammonium nitrate is used by some manufacturers because it is more cost-effective. The problem is that ammonium nitrate is very dangerous. It is actually the same material that was used to create the Oklahoma City bomb in 1993.
ARC was among those airbag companies that chose to use the cheaper ammonium nitrate as its airbag propellant. The use of this potentially volatile gas made the ARC airbags inherently risky.
Another major problem with the ARC airbags was abnormalities in welding process during manufacture. When friction welding is used to connect different parts of the ARC inflator it can sometimes cause “weld flash.” Fragments resulting from weld flash during manufacture can obstruct parts of the inflator, including the gas ventilation shaft. ARC’s friction welding process is considered one of the primary manufacturing defects that has led to the dangers of the ARC inflators.
The flaws in the friction welding process and the use of the more dangerous ammonium nitrate combined to make the ARC airbag inflators ticking time bombs.
Who Can You Sue in an Airbag Lawsuit?
If you were injured by a defective ARC airbag, the primary defendant in the lawsuit will always be ARC Automotive. However, there are many other potential defendants that may have liability for injuries caused by a defective airbag. Other potential defendants for airbag injuries include the auto manufacturer (e.g., Ford, GMC, Toyota, etc.), other companies that make components for the airbag system, the car dealership, auto repair shops, and others. The other specific defendants in a case will depend on the specific factual details and circumstances.
Common Injuries Caused by Defective Airbags
Drivers and passengers can suffer a wide range of physical injuries as a result of defective airbags or airbag components. Airbags deploy at high speed and exert significant force, which means that they can easily fracture bones and cause soft tissue injuries and head injuries. One of the most common types of airbag injuries our lawyers see are broken fingers or thumbs. This can occur when the driver has their thumbs or fingers resting on the center of the steering wheel when the airbag deploys. Common airbag deployment injuries include:
- Eye damage
- Rib fractures
- Burns and abrasions
- Broken fingers and thumbs
- Facial trauma
- Orbital fractures
- Cervical injuries
According to data from the NHTSA over 70% of airbag injuries involve the face or upper body.
What Types of Damages are Available in an Airbag Lawsuit?
Lost Income: Plaintiffs can get compensation for any lost income or lost wages that they incur as a direct result of injuries caused by a defective airbag. This includes not only past lost income but also future lost income and wages.
Medical Expenses: If you are seriously injured by a defective airbag, you can get damages for all medical expenses (past and future) that you incur as a direct result of those injuries.
Pain & Suffering: Damages can also be awarded for mental pain and suffering related to injuries caused by the defective airbag. The more severe and painful the injury, the more pain and suffering damages. The judge or jury determines pain and suffering damages if a case goes to trial.
Check If Your Airbag Has Been Recalled
NHTSA’s airbag recall website can be used to look up you vehicle by its Vehicle Identification Number (VIN) and determine whether it has an airbag that has been recalled or has safety issues. Alternatively, you can also contact you vehicle’s manufacturer to inquire if their car is part of an active recall.
Contact Us About Defective Airbag Lawsuits
Our firm is currently seeking defective airbag injury cases in all 50 states. If you have suffered injuries from a defective airbag, contact us online for a free consultation or call us at 800-553-8082.