A faulty airbag that fails to deploy during a crash can be the basis of a strong personal injury case in California, particularly under product liability law. California courts recognize that airbags are critical safety features, and failure to deploy may indicate a design defect, manufacturing defect, or failure to warn.
⚖️ Legal Theories in a Faulty Airbag Case
1. Strict Product Liability
In California, you don’t need to prove negligence to hold a manufacturer or seller liable for a defective product. You must show:
- The product was defective (design, manufacture, or labeling);
- It was used as intended or in a foreseeable way;
- The defect directly caused injury.
Types of Defects:
- Manufacturing Defect – The airbag was flawed when it left the factory (e.g., wiring issue, sensor failure).
- Design Defect – The airbag system was inherently unsafe (e.g., failed to deploy at impact speeds).
- Failure to Warn – The vehicle lacked adequate warnings about airbag limits or known issues.
2. Negligence
You may also allege negligence against:
- The car manufacturer
- The airbag system supplier
- A repair shop that tampered with or incorrectly installed the airbag system
To win on negligence, you must prove:
- Duty of care
- Breach
- Causation
- Damages
3. Breach of Warranty
- Express warranty: Manufacturer guaranteed the airbags would work.
- Implied warranty of merchantability: Airbags should function properly during a crash.
🔍 What You Need to Prove
- A crash occurred that should have triggered the airbags.
- Airbags failed to deploy.
- The failure worsened your injuries.
- The airbags were in the same condition as when sold (not altered or removed).
- Damages (medical bills, pain and suffering, lost wages, etc.)
📄 Evidence That Can Help
- Vehicle crash data (black box/EDR reports)
- Airbag control module analysis
- Photos of the damage and interior
- Vehicle repair/maintenance history
- Police report and crash reconstruction
- Medical records linking injuries to lack of airbag deployment
- Expert testimony (automotive safety engineer or biomechanical expert)
💰 Damages You May Recover
- Emergency medical care and ongoing treatment
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages if a manufacturer acted with gross negligence or concealed the defect (e.g., Takata-type cases)
⏳ Statute of Limitations in California
- 2 years for personal injury (CCP § 335.1)
- 4 years for breach of warranty
- 3 years for property damage
- 6 months to file administrative claim if a public agency is involved
🛑 Special Note: Recalls
If your airbag was part of a recall (e.g., Takata), failure to remedy the defect could impact liability:
- If you were unaware of the recall, manufacturer liability likely still applies.
- If you ignored a recall, comparative fault may reduce your recovery under California’s pure comparative negligence rule.
✅ Steps to Take Immediately
- Preserve the vehicle — do not repair or sell it.
- Request the black box data from the car manufacturer or crash investigator.
- Get a mechanical and forensic inspection of the airbag system.
- Speak with a personal injury or product liability attorney with experience in auto defect cases.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].