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Can I Sue a Car Manufacturer if My Airbags Weren’t Deployed During a Motor Vehicle Accident?

June 8, 2021

Airbags are supposed to protect you if you are involved in a motor vehicle accident. They should quickly deploy to protect your upper body and head from hitting the steering wheel or inside of the vehicle. When airbags fail, you may suffer more severe injuries that would otherwise have been prevented such as brain injury or a concussion.

Vancouver Lawyers Discuss Lawsuits Against Airbag Manufacturers

If airbags do not deploy or fail to work as expected during a motor vehicle accident, you may be able to sue the manufacturer for personal injury compensation. There are many reasons that an airbag can fail, including faulty design, errors in manufacturing or producing the airbag, and use of defective or poor-quality components in the airbag system (e.g., sensors, modules, electrical parts/wiring). Courts can hold manufacturers liable to pay compensation for personal injury caused by negligent design, manufacturing defects, and/or failure to warn of dangers.

Getting Compensation for Personal Injury Caused by Faulty Airbag

To succeed in a personal injury lawsuit that involves a defective airbag, you must prove that:

  • The airbag manufacturer was negligent (the airbag should have deployed but did not; and the failure to deploy was due to a defect, either in design or manufacturing);
  • The airbag manufacturer’s negligence caused you harm (you suffered injuries because the airbag did not deploy, or your injuries were worse because the airbag did not deploy or perform as it should have); and
  • You suffered loss or damage as a result of the manufacturer’s negligence.

You will be required to prove each element of the claim on a balance of probabilities. Preservation of evidence and expert evidence can often make or break a product liability case. It may be necessary to have your vehicle examined for defects or have the airbag or its components tested to determine why the airbag did not deploy. These types of claims are highly complex and you should expect that the manufacturer will aggressively defend itself against all claims. If you are considering a lawsuit against an airbag manufacturer, it is highly recommended that you get advice as soon as possible from an experienced Vancouver lawyer.

Concussion or Brain Injury Caused by a Defective Airbag?

If you or a loved one was injured in a car accident because an airbag did not deploy, it is important that you understand all legal rights and options. Whether the basis for liability is defective design, defective manufacture, or failure to warn, we can help. If the accident was also caused by any other person’s negligence (for example, another driver who ran a red light or failed to yield the right of way), you may be able to sue that person for compensation in addition to the airbag manufacturer. Vancouver lawyers at Simpson Thomas & Associates have an enviable record of success handling complex personal injury claims for clients throughout BC, and our team aims to continue building on our reputation of providing the best quality service to our clients. Click to request your free consultation today or call us at (604) 689-8888.

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