Defective Airbags: More than 34 Million Vehicles Subject to Recall Due to Exploding Defective Takata Airbags

Were you in an accident caused by a defective car or faulty automobile part? Harris Lowry Manton LLP can help. There is a long list of factors that can cause or contribute to a car accident, including a vehicle defect. When a defective vehicle part does contribute to a collision or an individuals injuries, a victim may be entitled to compensation for the physical, emotional and financial injuries suffered as a result of the defect.

The recent Takata Corporation airbag recall is an example of an automotive defect. Upwards of 34 million vehicles were recalled due to possible faulty airbags in this unprecedented, massive auto recall. Although it is best to consult with an experienced Atlanta personal injury lawyer for specific advice and guidance, if you believe a defective auto part caused your accident, it may also be beneficial to know a little more about automotive product liability claims.

Types of Automotive Defects

Defective product claims for a motor vehicle, or a specific part on a vehicle, typically fall into one of two categories:

• Design defects – these defects are found in the design of the part itself. Generally, all parts produced with that design have the defect. A brake pad, for instance, that begins to melt when the temperature exceeds 100 degrees Fahrenheit is an example of a design defect because all brake pads with that design are unable to withstand the high temperature.
• Manufacturing defects – this type of defect is introduced into the product during the manufacturing stage. Therefore, only some of the products produced will have the defect. For example, assume the design of the brake pad allowed for the high temperature; however, at a specific manufacturing plant, the wrong materials were used to make the pads, causing them to be susceptible to failure at high temperatures. Only that batch of brake pads would be defective.

Motor Vehicle Accident Lawsuit or Defective Product Lawsuit?

When a vehicle defect is a contributing factor in a collision or a person’s injuries, the victim may have the basis for both a car accident lawsuit based on negligence and a product liability lawsuit based on the defect. The principal difference is that in a car accident lawsuit, the plaintiff (the injured person) must prove that the defendant (usually the driver of the other vehicle) was negligent. In a defective product lawsuit, the plaintiff must prove that the vehicle was defective and that the defect contributed to the collision or the injuries.

To illustrate this, consider the following scenario: A driver who was texting while driving just before a collision would likely be found negligent. On the other hand, if a driver was unable to stop because his vehicle was equipped with brake pads that failed to perform properly at high temperatures, that would likely be a valid defective product claim. If, however, a driver was operating a vehicle with the defective brake pads and was texting while driving just prior to a collision, a victim of the ensuing collision could potentially sue the driver for negligence as well as pursue a defective product lawsuit.

If you were injured in a car wreck and you believe a faulty part or vehicle defect contributed to the collision or your injuries, contact Atlanta defective product lawyer Harris Lowry Manton LLP to discuss your legal options. If you have been injured due to a faulty airbag produced by the Takata Corporation or an exploding airbag, contact us today so we can discuss your legal options.

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