Immediate Callback
A properly functioning airbag cushions the body and prevents blunt force trauma, reducing the risk of life-threatening injuries. When an airbag is faulty, the consequences can be serious. Instead of offering protection, it poses a grave risk to drivers and passengers.
Below is a general guide outlining what faulty airbags are, how to identify them, who bears liability, when you can sue, and the claims process if you have suffered as a result of a faulty airbag.
A faulty airbag is any airbag system that does not perform its intended safety function. Airbags are designed to deploy rapidly and inflate upon collision, creating a protective barrier between occupants and the vehicle’s interior. Various defects can undermine this lifesaving purpose. Some airbags deploy prematurely, sending a forceful blast of air at the wrong time. Others fail to deploy at all, leaving occupants unprotected in a severe crash. Still more contain design flaws or substandard materials that can explode or tear, scattering dangerous metal fragments throughout the cabin.
Faults might originate in the initial design, during manufacturing, or as a result of improper storage and handling. Certain systems depend on sensors and computers that may malfunction if poorly calibrated or if updates are overlooked. When the airbag system is compromised, the driver and passengers are placed in immediate peril.
A faulty airbag system can cause serious injury. If the airbag deploys spontaneously, it could strike the driver at high speed, leading to concussions, broken facial bones, or fractures in the arms and wrists. Sudden deployments can also trigger collisions if the driver is startled and loses control of the vehicle. Equally horrifying is the scenario where an airbag fails to deploy in a crash. In these moments, the individuals inside the car are left without their primary line of defence against the steering wheel, dashboard, or windshield.
Some airbags deploy but release shrapnel into the cabin due to manufacturing defects, causing lacerations, blindness, or other life-altering injuries. Other times, chemical propellants degrade inside the airbag module, rendering it underinflated or slow to deploy. In each of these situations, the promised protection of an airbag is replaced by greater risk, often compounding the injuries sustained in a collision.
It is not always obvious when an airbag is defective. You might only discover the issue after an unexpected deployment or a crash in which the airbag fails to activate. However, there are signs and steps you can take to protect yourself:
If you suspect an airbag is faulty, have your vehicle inspected promptly and keep copies of any test results or notices in case they become vital evidence for a claim.
Determining liability in faulty airbag cases is a complex task because multiple parties may share blame.
Manufacturers are often first in line if the airbag’s design, materials, or quality control measures are defective. When systemic problems occur, such as using cheap inflator propellants prone to degradation, a manufacturer might be strictly liable.
Suppliers or distributors who provide or install airbag components can also be responsible. If they knew or reasonably should have known about a defect yet continued to sell or fit these airbags, they can be held accountable for any injuries.
Vehicle manufacturers or dealers might be liable if they selected substandard airbags or installed them incorrectly. Similarly, if recall notices were neglected or hidden, those who suppressed or failed to act on safety warnings can face legal consequences.
Mechanics or service centres may be partially liable if improper maintenance or installation aggravated an existing defect, or if they missed clear signs of a fault that should have led to a repair or replacement.
You can sue if:
Irish law generally requires actual harm or damage for a successful personal injury claim. If you discover that your vehicle’s airbag is defective but you have not experienced any physical or psychological harm, you may not have a traditional personal injury claim.
You could, however, be part of a broader product liability or consumer rights action if there is financial loss or if the defect is so severe that it constitutes a major breach of contract or warranty. Speaking to an experienced solicitor clarifies your legal options if you uncovered a defect without injury.
Compensation in faulty airbag claims typically covers:
Every claim is unique. Courts or settlement negotiations often consider the nature and extent of injuries, your age, career implications, and overall long-term impact on daily life.
Anyone harmed by a faulty airbag may bring a claim, including:
Even bystanders indirectly harmed, such as someone struck by debris from a car with a spontaneously deployed airbag, may have grounds to sue if negligence is established.
Faulty airbag claims in Ireland follow the standard personal injury framework. You must typically file your claim with the Personal Injuries Resolution Board (formerly known as PIAB) first. Here is a look at the process:
Throughout this process, our solicitors remain in close contact, explaining developments, gathering expert reports, and ensuring your voice is heard. Many claims settle out of court when a fair agreement is reached, while others proceed to full trial for a final determination.
If a manufacturer hides known defects, it can be both a civil and criminal issue. Regulatory authorities might impose fines or sanctions. On the civil side, those harmed can pursue damages for injuries and losses.
Partial inflation offers no guarantee of protection, especially if it inflates at the wrong moment or not enough to cushion the impact. A partial deployment is still a defect, and you may have a valid claim if this caused or contributed to your injuries.
Not typically. Airbags deploy with considerable force, but an excessive or improperly calibrated deployment that causes severe facial trauma in a minor accident may indicate a design or manufacturing defect. You could seek compensation for these injuries.
Yes. Children are particularly vulnerable to airbag defects, and parents or guardians can pursue claims on their behalf to secure compensation that covers medical treatment and future care.
A delayed deployment can be catastrophic. If the airbag inflates after the main impact, it can cause additional injuries and fail to protect during the most critical moment. This delay is typically considered a defect.
Yes. Spouses, children, or personal representatives of a deceased victim can bring a fatal claim to seek compensation for funeral expenses, emotional distress, and loss of financial support.
Possibly, especially if the replacement part was defective, improperly installed, or came from a supplier with known quality issues. Both the dealer and the manufacturer could share liability.
Recall notices strongly support your claim, showing the manufacturer acknowledged a defect. You still need to demonstrate the airbag malfunctioned in your specific incident and caused your injuries.
Yes. Age alone does not absolve manufacturers from liability for inherent defects. However, if your own neglect or failure to maintain the vehicle contributed to the malfunction, compensation might be reduced.
Ignoring an obvious warning could be considered contributory negligence, which may reduce the compensation award. However, if the fundamental defect lies with the airbag design or manufacturing, you may still have a valid claim.
It is advisable to retain the vehicle, or at least the airbag module, until professionals have thoroughly examined it. Disposing of or repairing the defective part prematurely might jeopardise critical evidence needed for your case.
Your personal injury claim is separate from your auto insurance coverage. While insurers evaluate risk factors over time, you are fully entitled to seek compensation when you are harmed by a faulty airbag. A solicitor can clarify any insurance-related concerns.
Faulty airbags can cause physical and emotional harm for victims. If you have been injured or lost a loved one because an airbag malfunctioned, the experienced solicitors at Good & Murray Smith LLP are here to help. Reach out to our team for a confidential discussion about your options and rights.
Immediate Callback
If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.
