Another year has brought another massive vehicle recall due to defective airbags. On July 13, the U.S. National Highway Traffic Safety Administration (NHTSA) announced the recall of 1.2 million Fiat Chrysler minivans and SUVs due to a defect which has already resulted in at least 14 reports of injury. The airbag covers of the recalled 2007–11 Dodge Nitro SUVs and 2008–10 Chrysler Town & Country and Dodge Grand Caravan minivans are secured by defective clips, many of which have loosened over time to turn themselves and the plastic emblems they hold into projectiles.
This recall comes on the heels of the 6-years-and-counting saga of Takata’s airbag recall, involving 56 million vehicles made by 19 different automakers in what the NHTSA has called “the largest and most complex safety recall in U.S. history.” As many as 15.9 million defective Takata airbags still remain on the road, resulting in occasional tragedies like the story of 17-year-old Huma Hanif, whose neck was cut by a piece of metal ejected from a faulty airbag inflator, causing her to bleed to death. Her family claims that they were never contacted about the recall.
How Defective Product Law Protects Drivers
Federal laws cover manufacturing defects, design defects and communication about known product dangers, ensuring consumers of a basic right to the implied safety of a purchased product. When you buy a product and use it in the proper way, these laws are there to protect you from unexpected harm.
On the other side of the equation, consumer safety laws aim to keep everyone in the manufacturing and supply chain honest, applying equally to manufacturers, distributors and retailers. Companies have an obligation to design and manufacture safe products — and when they fail to do so, you have a right to seek action.
Vehicle Makers Are Held to an Especially High Standard
Product law requires automobile manufacturers to go to great lengths to ensure that every car they produce performs well under typical driving conditions, and mitigates injury in the event of a crash. There is even the added burden of crashworthiness, which requires a car’s designers and manufacturers to look ahead to the human consequences of all types of driver outcomes. This is one of the reasons that auto makers use devices like crash test dummies in simulating crashes.
Since airbags were first required in new passenger vehicles at the start of the 1999 model year, they have been a big part of that safety. Front airbags have been shown to reduce driver fatalities in frontal crashes by 29 percent and front-seat passenger deaths (provided they are 13 or older) by 32 percent. Side airbags reduce a car driver’s risk of death in driver-side crashes by 37 percent and an SUV driver’s risk by 52 percent.
The heightened safety that airbags deliver has become an expectation — which makes it all the more tragic when airbag defects end up causing injury instead of preventing it.
What Types of Injuries Can Defective Airbags Inflict?
While the Fiat Chrysler airbag issue is still unfolding, more is known about the ramifications of Takata’s airbag issue, which has so far claimed the lives of 24 people worldwide while injuring hundreds.
Airbags come out of their housing at speeds up to 200 miles per hour, and must be held to a high design and manufacturing standard. When they fail, injuries can include:
- Broken bones, skull fractures and brain injury
- Chemical burns from the gas propellant used for inflation
- Deep cuts and hemorrhaging from projectiles and shrapnel
- Blindness caused by exploding airbags
Source: Wikipedia, shared under a CC BY-SA 3.0 license
When to Consult with an Experienced Product Liability Lawyer
At McEldrew Young Purtell Merritt, we have over 30 years of experience in litigating product liability cases. We take all claims on a contingency basis, and will only charge you attorney fees if we are able to obtain financial compensation for your losses. Our experience comes in handy when connecting cases with the right expert witnesses, which can be invaluable in demonstrating the validity of a claim.
McEldrew Young Purtell Merritt welcomes clients local to our Philadelphia offices and those from New Jersey, New York, Pennsylvania and further afield. To schedule a meeting for a free consultation, fill out our form or call us directly at 1-866-694-5578.