Chicago Airbag Injury Liability Attorney
If your airbag failed to deploy in a crash, you might be dealing with painful injuries and questions about who should be held responsible. A knowledgeable product liability lawyer from Salvi, Schostok & Pritchard P.C. can provide the answers you need and identify evidence to hold the right parties accountable. Let our defective airbag lawyers in Chicago handle the legal details while you focus on your recovery. Contact us now to schedule your free consultation and learn more about how we can help.
The Three Types of Airbag Defects That Lead to Product Liability Claims in Illinois
Airbags are designed to protect drivers and passengers in the event of a crash. If they fail to deploy correctly during a car accident, vehicle occupants can suffer serious injuries or even fatalities. Occupants who are hurt in collisions due to airbag deployment issues could have grounds for product liability claims against any parties that made or sold the defective airbags.
A product liability claim is a type of legal action you bring against the manufacturer, distributor, or seller of a defective product that causes injury or death. The defects in product liability cases fall into three primary categories: design defects, manufacturing defects, and failure-to-warn defects.
Design Defects
A design defect exists when a product’s basic blueprint is flawed. In design defect cases, the problem lies in the overall concept of how the item was engineered. An airbag with a design defect can be dangerous even if it is made according to specifications.
A poorly designed airbag might deploy too late, deploy too early, or not deploy at all. It could also inflate with so much force that it causes airbag injuries to an occupant, or without enough force to provide adequate protection.
In a design defect claim, you might argue that these kinds of deployment issues could have been avoided if the manufacturer had chosen a safer design for the vehicle’s airbags from the start.
Illinois courts handling design defect claims typically examine whether a safer and more practical design might have been available at the time the product was manufactured. If so, the court could hold the manufacturer or product designer responsible for putting consumers at risk by using a flawed design.
Manufacturing Defects
A manufacturing defect occurs when an error occurs during the production or assembly of a product. Even if a product’s design is safe, it could still end up with dangerous defects due to mistakes in the manufacturing process. For example, a single error on a factory line might result in thousands of vehicles being equipped with faulty airbags that do not deploy properly.
One possible example of an airbag manufacturing defect is an airbag with an inflator containing the wrong chemical mixture. An airbag inflator like this might rupture with explosive force that causes severe injuries. Another type of manufacturing defect could involve an airbag sewn with weak stitching that tears apart when inflated. Defective wiring that prevents a crash sensor from triggering is another example.
Manufacturing defects often result from poor quality control, substandard materials, or contamination during the assembly process. In Illinois product liability law, companies can be held strictly liable for manufacturing defects. Whenever an airbag leaves the factory in a defective condition, the manufacturer can be held responsible for any related injuries. Strict liability procedures allow you to hold responsible parties accountable without having to show how they were negligent.
Failure to Warn Defects
Failure to warn defects occur when companies fail to provide clear instructions or warnings about known risks associated with their products. Even if an airbag is designed and manufactured correctly, drivers and mechanics require accurate information on how to use, install, and maintain it. If that information is missing or unclear, the manufacturer could face a product liability claim.
A failure to warn defect may occur if a manufacturer fails to warn consumers that replacement parts must be installed only by trained technicians. Another possible example is a lack of warnings about airbags that could injure children in front seats if airbags deploy during an accident. If a recall notice downplays certain risks, that could also be considered a failure to warn defect, as it may leave drivers unaware of the real dangers they face.
Manufacturers must warn about foreseeable risks and provide guidance on how to reduce them. This duty applies to vehicle manufacturers, airbag suppliers, and distributors. If any of these parties fails to provide proper warnings, victims can argue that the lack of information contributed to their injuries.
Who Can Be Held Liable for a Defective Airbag?
Several parties may share responsibility for an airbag that fails to deploy, leaving a vehicle occupant with preventable injuries. It might be possible to hold all businesses in the chain of distribution accountable. Liability for an airbag defect depends on where the defect started and who had control over the product before it reached the consumer. Below are some examples of multiple parties that could face liability in an Illinois airbag defect claim:
- Car Manufacturers: Automakers decide which airbag system to install in each model and how it integrates with the rest of the vehicle. If a company chooses a defective airbag design, installs the wrong components, or approves other components that make the airbag unsafe, it can be held accountable. Vehicle makers also control crash testing and safety reviews. If they push a model to market while ignoring test results that indicate a potential risk, that decision could also lead to liability.
- Airbag Manufacturers: Companies that design and manufacture airbags have a duty to produce safe products that work as intended during collisions. If an inflator explodes, a sensor fails, or stitching tears open, the manufacturer could be named as a defendant in a product liability case. These companies often face claims after nationwide recalls due to the same defect appearing across hundreds or even thousands of vehicles.
- Parts Suppliers: Some businesses provide only certain airbag components, such as inflators, crash sensors, or wiring systems. If an airbag defect stems from one of these smaller parts, the supplier could be liable even if it did not design or assemble the airbag. For example, if a supplier delivered wiring that shorts out during a crash and prevents the bag from deploying, the supplier could face legal claims for any injuries that result.
- Dealerships and Distributors: Businesses that sell vehicles to consumers can also face liability for airbag defects. Even if a dealer did not design or build the airbag, Illinois law allows claims against sellers when a defective product injures someone. A dealership that sells a car without disclosing an open recall or without completing necessary repairs could be responsible for the injuries caused by the product defect. Distributors that move large shipments of vehicles into the market could also share responsibility if they ignore safety concerns about the products they provide.
- Maintenance Shops and Technicians: Airbag systems require proper installation and maintenance, and mistakes made by service providers can put drivers at risk. If a dealership or repair shop installs a replacement airbag incorrectly, disconnects its wiring, or uses the wrong parts, it could be held liable for resulting crash injuries. Vital evidence in these product liability cases might include work orders, invoices, and expert inspections of the vehicle after a crash.
If an airbag malfunction or failure to deploy caused injuries to you or a loved one, contact our dedicated Chicago law firm for a free case evaluation to determine if you have a viable personal injury claim against one of these responsible parties.
Injuries & Damages Caused by a Defective Airbag
Airbags are supposed to cushion the impact force of a collision and prevent catastrophic injuries. A defective airbag removes that layer of protection, leaving drivers and passengers vulnerable to injuries such as:
- Head and brain injuries: Without a functioning airbag, the head can strike the steering wheel, dashboard, or window during a crash. This can cause traumatic brain injuries that affect cognitive ability long after the collision.
- Neck and spinal trauma: If an airbag does not deploy correctly, the neck and back can be exposed to dangerous forces during a crash. Victims might suffer herniated discs, spinal fractures, or nerve damage that causes chronic pain and mobility issues.
- Facial fractures and eye injuries: Airbags that deploy too late or not at all often can leave vehicle occupants with broken facial bones or eye damage. These injuries often require surgery and can permanently alter a person’s appearance or vision.
- Chest and internal injuries: Without an airbag to absorb impact, the chest can hit the steering column or dashboard. If this happens, drivers can suffer broken ribs, collapsed lungs, or dangerous damage to other internal organs.
The harm caused by a defective airbag often goes beyond the physical injuries. Victims might face unmanageable medical bills, weeks or months of lost income, and the possibility of never being able to return to the same line of work. The costs of rehabilitation services, follow-up care, and prescription medications can increase this financial strain. In addition, many people struggle with the emotional impact of life-changing crash injuries, as well as anxiety, depression, or post-traumatic stress.
Illinois law allows injured parties to pursue financial damages for both economic and non-economic losses after an injury. This can include compensation for medical expenses, lost wages, reduced earning potential, and pain and suffering. A product liability attorney can help victims seek the financial support they need to cover these losses and move forward with their lives.
How Our Chicago Firm Investigates Airbag Failure Cases
Airbag failure cases require a law firm that knows how to investigate every detail and fight large corporations head-on. At Salvi, Schostok & Pritchard P.C., we have built our reputation on handling complex personal injury cases and delivering real results for our injured clients.
Our experienced team knows that airbag non-deployment claims often hinge on technical evidence. That is why we work with experts, such as engineers and crash reconstruction specialists, to determine precisely why the airbag did not deploy. We review company design files, testing data, and recall records to trace the failure back to its source. Whether a defect stemmed from a supplier’s mistake, a manufacturing error, or a poor design, we work diligently to identify the factors that contributed to it and the parties responsible. We explore every possible angle of these cases because we know the defense will fight to protect its product.
When you hire us, you will have an entire legal team on your side, comprised of more than 20 seasoned trial attorneys who prepare every case for court, as well as over 35 support staff members. Trial readiness is crucial in product liability cases. Insurance companies are familiar with our record of success and recognize that we will not settle for anything less than full value. Our history proves it: we have previously secured confidential settlements of $4 million and $3.15 million in Lake County for product liability claims. Results like this demonstrate our ability to handle high-stakes litigation and deliver the justice our clients deserve.
Our experience spans over 40 years, and we have recovered more than $2.5 billion for our clients, including over 375 cases exceeding $1 million. We have earned the top spot in the Chicago Lawyer Magazine settlement report. Beyond the numbers, our personal injury lawyers treat every client with the respect and dignity they deserve, always putting clients’ interests above their own.
Choosing Salvi, Schostok & Pritchard P.C. means working with a firm that has the resources, drive, and courtroom readiness to take on even the most prominent companies and win. If you suffered injuries because your airbag failed to deploy in Illinois, we are ready to launch a thorough investigation, build a robust case on your behalf to establish liability, and fight for the compensation and justice you need and deserve. You can trust us to be with you every step of the way, providing legal guidance and support during this critical time in your life.
Illinois Statute of Limitations
Illinois law gives you two years from the date of an injury to file a defective airbag lawsuit in Chicago. If you miss this filing deadline, the court will likely dismiss your case, and you will lose the chance to seek compensation. Time can pass quickly after a severe injury, especially when you are focused on your recovery, so prompt action is critical.
A lawyer from Salvi, Schostok & Pritchard P.C. can step in immediately to protect your rights. We can investigate the defect, gather records, and file the necessary paperwork before the Illinois product liability statute of limitations expires. If you suffered injuries because of an airbag that failed to deploy, contact our legal team now so we can start preparing your claim and keep everything on track.
What to Do After an Accident Involving Airbag Non-Deployment
What you do after an airbag non-deployment incident matters for both your recovery and any compensation claim you might file. You can take the following steps to protect your health, preserve evidence, and prepare for possible legal action:
- Obtain a Full Medical Evaluation: Even if you do not think you were hurt badly, you should seek medical attention immediately. Some injuries, like concussions or soft tissue damage, only become noticeable hours or even days after the crash. A complete medical exam can identify these potentially hidden injuries and create medical records that connect your injuries to the crash.
- Photograph the Damage: Take detailed photos of your car, especially the steering wheel, dashboard, or side panels where the airbag should have deployed. Do your best to capture both close-up shots of the interior and wider views of the crash scene. These images can help experts and attorneys piece together what happened.
- Preserve the Vehicle: Do not rush to repair or scrap your car. The airbag system will be a key piece of evidence in your claim. Keep the vehicle in its post-accident condition until experts can thoroughly inspect it. Your lawyer can arrange for engineers to download crash data and examine the airbag module, which could reveal why it failed to deploy.
- Collect Documentation: Gather all records related to the crash and keep them together in a secure location. This includes crash reports, repair estimates, medical bills, and correspondence with your insurance provider. A clear record of expenses and communications can help you prove both the existence of the defect and the impact of the crash.
- Track Your Symptoms and Recovery: Keep a written log of your pain levels, treatment sessions, and how the injuries affect your daily life. This ongoing record can help your lawyer demonstrate the lasting effects of the collision when you seek compensation.
- Watch What You Say: Be careful with any statements you make to insurance companies, corporations, and adjusters. Take care when posting on social media, too. Anything you say or share could be used to minimize your injuries or shift blame away from the defect. Keep your posts and comments limited and let your lawyer handle the formal communications.
- Consult a Lawyer: Product liability claims involving airbags often require specialized technical evidence and aggressive legal intervention. An attorney with experience in defective product cases can move decisively to contact experts, preserve evidence, and develop a case against the at-fault parties.
Contact our Product Liability Attorneys
If you know or suspect you have a Takata airbag lawsuit in Chicago or another claim involving liability with airbags not deploying or causing harm, contact Salvi, Schostok & Pritchard P.C. today. We know how to investigate defective products and hold companies accountable for putting unsafe vehicles on the road. We can review your case, explain your legal options, and fight for the financial recovery you deserve.
These cases move quickly, and valuable evidence could be lost if you wait. Contact us now to get started with your free initial consultation.