Case type Defective Auto Parts
Airbag Defects
Hurt when an air bag exploded, failed to open or deployed without warning? Tell us your story.
Air bags are supposed to protect you in a crash. When one sends metal fragments into the cabin, stays closed in a serious crash or fires without reason, CBW Law reviews the vehicle, the inflator and its recall history. Tell Us Your Story. Contacting us does not create an attorney-client relationship.
Air bags save lives, but a defective one can cause the injuries it was meant to prevent. Inflators can rupture and spray metal fragments, air bags can fail to open in a serious crash, and some deploy when they should not. Not every injury from an air bag means it was defective, because a correctly working air bag can still hurt someone sitting too close. An airbag defect lawyer looks at the inflator, the recall history and the crash itself.
How air bags are supposed to work
In a moderate to severe crash, the air bag control unit sends a signal to an inflator. A chemical reaction fills the bag with gas in less than one-twentieth of a second1. Air bags are designed to work with seat belts, not replace them, and frontal air bags have saved more than 50,000 lives over 30 years1.
Air bags generally deploy in moderate to severe crashes and may deploy in a minor one1. That means an air bag that stays folded in a low-speed crash is not automatically a defect. Because air bags open with great force, a person sitting too close can be seriously hurt even when the air bag works as designed1.
Kinds of air bag defects
- Inflator ruptures: the metal inflator housing breaks apart and sends fragments into the cabin
- Nondeployment: the air bag does not open in a crash where it should have
- Late deployment: the bag opens too late to protect the occupant
- Unintended deployment: the bag fires without a crash, or in a very minor bump
- Sensor and wiring faults that disable the system
- Counterfeit or substandard replacement air bags
The Takata recall
About 67 million Takata air bags have been recalled because long-term exposure to heat and humidity can cause them to explode when they deploy2. NHTSA has confirmed that 28 people in the United States were killed by exploding Takata inflators, and at least 400 more have allegedly been injured2. NHTSA has issued Do Not Drive warnings for some of the highest-risk vehicles2.
Takata recall at a glance
- Air bags recalled
- About 67 million2.
- Confirmed U.S. deaths
- 28, according to NHTSA2.
- Injuries
- At least 400 alleged2.
- Repair cost to owner
- Free through the dealer2.
Figures are NHTSA's and can change. Check the VIN lookup for your vehicle.
NHTSA advises against asking a dealer to disable an air bag while waiting for a repair, because a disabled air bag offers no protection at all2.
ARC inflators: an open federal proceeding
Separately, NHTSA has made an initial decision that certain frontal air bag inflators made by ARC Automotive and Delphi Automotive Systems contain a safety defect, and confirmed that decision in a supplemental initial decision in August 20243. An initial decision is a step in the process, not a final recall order. Status can change, so we check the docket before advising on any ARC-related claim.
Replacement air bags
NHTSA has warned that substandard air bag inflators made in China and installed as replacements have caused deaths and injuries in the United States1. Air bags deploy only once and should be replaced right away after a crash, only at an authorized repair center1. A claim involving a replacement air bag may involve the parts seller or the repair shop as well as a manufacturer.
Injuries from air bag defects
- Cuts and puncture wounds from inflator fragments, often to the face, neck and chest
- Eye injuries and vision loss
- Head and brain injuries when an air bag fails to deploy
- Burns and hearing damage from deployment
- Fatal injuries
Who may have an air bag defect claim
- The vehicle's VIN, model and whether it was under an air bag recall
- Whether the recall repair had been done
- Whether the air bag was original or a replacement
- The crash speed and direction, and whether the bag should have deployed
- The injuries and the medical records
Who may be responsible
- The air bag or inflator manufacturer
- The vehicle manufacturer
- A dealer that failed to complete a recall repair
- A shop or seller of a substandard replacement air bag
Product liability claims can reach businesses throughout the chain of manufacture and sale4. Who is named depends on the evidence.
Filing deadlines for air bag lawsuits
Air bag claims follow state injury and product liability deadlines. Examples:
- Arizona: generally two years for personal injury and wrongful death5.
- California: two years for personal injury or death caused by another's wrongful act or neglect6.
- New York: three years for personal injury7.
- Texas: two years for personal injury and wrongful death8, and most product liability claims must be brought within 15 years of the product's sale9.
Other rules can apply, such as special notice rules when a government vehicle or road is involved, or rules for minors. A crash also raises insurance deadlines that run on their own clock. Ask a product liability attorney to check your state's rules early.
Evidence in an air bag case
Records and evidence to keep
The vehicle
- Where the vehicle is now
- The VIN and any recall letters
- Photos you already have of the steering wheel and dashboard
Medical
- Emergency room and surgical records
- Imaging that shows fragments
- Records of any fragment removed by doctors
The crash
- The police report
- Witness names
- Insurance claim letters
What happens after you contact CBW Law
How an air bag review works
-
You tell us what happened
Share the vehicle, the crash and how the air bag behaved.
-
We check the recall history
We look up the VIN and the inflator involved.
-
We review the records
With your permission, we gather medical and crash records.
-
We explain what we see
We tell you plainly whether a claim may be possible and which deadlines apply.
An air bag that did not open is a question, not an answer. Crash forces, seating position and the inflator's history all matter.
Plain English
Medical, Health & Insurance
Terms you may see in an air bag case.
Air bag terms
Health terms
- Penetrating trauma
- An injury caused by an object entering the body, such as a metal fragment.
- Orbital injury
- Damage to the bones or tissue around the eye.
Claim terms
Questions
Frequently asked airbag defect questions
Short answers to the questions people ask first.
Does every crash set off the air bags?
No. Air bags are generally designed to deploy in moderate to severe crashes1, so a bag that stays closed in a minor crash may be working as designed.
How do I know if my car has a Takata air bag recall?
Enter your VIN in NHTSA's recall lookup. Recall repairs are free at the dealer2.
Should I have my air bag disabled until it is fixed?
No. NHTSA says a disabled air bag offers no protection, and advises getting the repair instead2.
What is the ARC air bag issue?
NHTSA has made an initial decision that certain ARC and Delphi inflators contain a safety defect3. It is not a final recall order, and status can change.
Can I bring an airbag defect lawsuit if the recall repair was never done?
Possibly. The reasons the repair was not done, and who knew, can matter to the claim.
What if my air bag was a replacement?
NHTSA has warned about dangerous replacement inflators1. A claim may involve the seller or the shop that installed it.
How long do I have to file an airbag defect lawsuit?
What does an airbag defect attorney at CBW look at first?
The VIN, the recall history, whether the air bag was original, the crash and your medical records.
How much does it cost to talk to an airbag defect lawyer at CBW?
Telling us your story costs nothing, and contacting us does not create an attorney-client relationship.
Tell Us Your Story
Air bag cases often turn on the inflator and the vehicle, which need to be preserved before they are scrapped.
Tell us what happened. CBW Law will review your information and explain what we see. Submitting information does not establish an attorney-client relationship or guarantee representation.
Tell Us Your Story Call (800) 476-2416
This page is general information about air bag defects. It is not legal or medical advice and does not create an attorney-client relationship. An air bag injury, a recall or a government decision does not, by itself, establish that an air bag was defective or that anyone is legally responsible. Laws and deadlines differ by state, and no outcome can be promised.