Can I sue if a defective airbag failed to deploy or exploded in my Georgia crash?

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Both an airbag that did not deploy when it should have and one that ruptured or deployed violently can support a Georgia product claim. An airbag is a safety device meant to reduce harm in a crash, so a defect that causes it to fail in either direction can be the basis for holding the manufacturer responsible.

Two kinds of airbag failure

Airbag claims tend to fall into a few patterns, and the underlying theory is the same: the component did not perform as a reasonably designed safety device should.

  • Failure to deploy: the airbag stayed inactive in a crash severe enough to warrant deployment, leaving the occupant without intended protection.
  • Improper deployment: the airbag deployed too forcefully, too late, or ruptured, causing injury through fragments or excessive force.
  • Defective components: a sensor, inflator, or related part malfunctioned in a way that caused or worsened harm.

O.C.G.A. § 51-1-11 makes the maker of a defective product strictly liable in Georgia, and that exposure can land on the airbag manufacturer, and sometimes the vehicle manufacturer or a parts supplier, according to where the defect originated.

Crashworthiness and enhanced injury

An airbag defect usually does not cause the collision; it affects how badly the occupant is hurt in it. That places these claims within the crashworthiness framework, which treats a vehicle’s safety systems as something that must reasonably protect occupants in a foreseeable crash. The heart of such a case is the gap between the harm actually suffered and the lesser harm a sound airbag would have left, and pinning down that difference usually takes technical analysis of the device and the crash.

Multiple parties and shared fault

Because a crash and an airbag defect can involve different actors, O.C.G.A. § 51-12-33 directs a jury to split the fault among the driver who caused the wreck, the manufacturer of a defective airbag, and any other party at fault. The injured occupant’s own conduct is measured on the same scale, so their assigned share lowers the recovery and a share of half or more ends it.

The bottom line

A defective airbag that failed to deploy or that ruptured can support a Georgia product claim, because an airbag is expected to perform as a reasonable safety device in a foreseeable crash. These cases usually rest on a crashworthiness theory focused on the added injury, and Georgia’s apportionment rules allow fault for the collision and fault for the defect to be separated among the parties involved.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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