Airbag Injury Lawyers

Illinois Airbag Injury Lawyers – Attorneys for Defective Airbags

Airbags are one of the most important safety features in modern vehicles. Designed to cushion and protect occupants during a crash, they can reduce the risk of serious injury or death. But when airbags fail to work properly—or worse, cause injury themselves—what was meant to save a life can become a source of severe harm. At John J. Malm & Associates, we help clients who have been injured by defective airbags or suffered airbag-related injuries in crashes. Whether you’re dealing with burns, facial trauma, or a failed deployment, it’s important to understand your legal rights and options.

How Airbags Are Supposed to Work

Airbags are part of a vehicle’s Supplemental Restraint System (SRS), which also includes seat belts. When a crash occurs, sensors in the car detect rapid deceleration and send a signal to deploy the airbags. The airbag inflates in milliseconds, creating a cushion between the occupant and the dashboard, steering wheel, or side panels.

There are multiple types of airbags in most modern cars, including:

• Front airbags (driver and passenger side)
• Side-impact airbags
• Curtain airbags (for rollover protection)
• Knee airbags

While airbags are designed to save lives, they must deploy correctly to do so. When something goes wrong—either due to a defect or malfunction—the results can be catastrophic.

Common Airbag Defects

There are several ways an airbag can be defective. When that happens, the manufacturer, supplier, or even the vehicle maker may be liable under Illinois product liability laws. Common defects include:

1. Failure to Deploy

This occurs when an airbag doesn’t activate during a crash. The occupants are left without protection, and the risk of severe injury increases.

2. Unintended Deployment

An airbag may deploy when there is no crash—such as during a hard bump or for no clear reason. This can lead to loss of vehicle control and injuries from the sudden inflation.

3. Delayed Deployment

Airbags that deploy too late may fail to prevent injury and, in some cases, cause additional harm due to their timing.

4. Overpowered Deployment

Some airbags inflate with excessive force, leading to fractures, burns, or internal injuries, particularly in children or small adults.

5. Exploding Airbags

Perhaps the most infamous defect involved Takata airbags, which contained ammonium nitrate propellant that could degrade over time. In a crash, the airbag inflator could explode, sending shrapnel into the vehicle cabin. These airbags have been linked to dozens of deaths and hundreds of injuries worldwide.

6. Sensor or Electrical Malfunctions

Faulty wiring, software glitches, or broken sensors can prevent airbags from working properly, even in severe car accidents.

Types of Airbag Injuries

Even when functioning as intended, airbags can cause injuries, especially if a person is sitting too close or not wearing a seatbelt. But when airbags malfunction, the risk of serious injury increases significantly. Common types of airbag-related injuries include:

1. Facial and Eye Injuries

• Cuts, bruises, or fractures to the nose, jaw, or cheekbones
• Eye trauma, including retinal detachment or blindness
• Burns from chemical propellants

2. Chest and Upper Body Injuries

• Rib fractures
• Internal bleeding or bruising
• Cardiac trauma (especially in older adults)

3. Neck and Spinal Injuries

• Whiplash
• Herniated discs
• Spinal cord compression

4. Burns and Abrasions

• Friction burns from airbag fabric
• Chemical burns from deployment gases
• Skin lacerations from shrapnel (in defective airbags)

5. Hearing Loss and Ear Damage

• Ruptured eardrums
• Temporary or permanent hearing loss due to the loud deployment

6. Fatal Injuries

In extreme cases, airbag injuries can be fatal.

Who Is Liable for Defective Airbag Injuries?

When an airbag injury is caused by a defect or malfunction, multiple parties may be responsible, including:

• Airbag manufacturers
• Automobile manufacturers
• Dealerships or repair shops (if improper installation or service is involved)
• Parts suppliers or third-party vendors

Illinois Product Liability Laws: What You Should Know about Pursing a Claim for a Defective Product

Under Illinois law, a product is considered defective if it is unreasonably dangerous due to a design flaw, manufacturing defect, or inadequate warning. A victim does not need to prove that the manufacturer was negligent—only that the product was defective and caused injury when used as intended.

In Illinois, a product liability claim can be based on one or more of the following legal theories:

• Design Defect

The airbag system was inherently flawed from the beginning, making it unreasonably dangerous.

• Manufacturing Defect

A problem occurred during the manufacturing process, resulting in a faulty or dangerous airbag.

• Failure to Warn

The manufacturer or automaker failed to provide adequate warnings or instructions about the risks of airbag deployment or the need for timely recall repairs.

Key points about Illinois product liability law include:

• Strict liability applies: You do not need to prove the manufacturer acted negligently—just that the defect existed and caused your injuries.
• Two-year statute of limitations: In most cases, you have two years from the date of injury to file a personal injury lawsuit in Illinois. For product liability, the clock may start when the injury is discovered.
• Comparative fault may apply: If your own actions contributed to your injuries (such as not wearing a seatbelt), your compensation could be reduced proportionally—but you can still recover if you are less than 50% at fault.

What to Do If You’ve Been Injured by an Airbag

If you’ve suffered injuries due to a defective or malfunctioning airbag, there are several important steps to take:

1. Seek Medical Attention Immediately

Even if your injuries seem minor, some issues—like internal bleeding or concussions—can worsen over time. Medical records will also serve as critical evidence in your claim.

2. Preserve the Evidence

If possible, keep the vehicle in its post-crash condition. Do not authorize repairs or disposal until a personal injury attorney has had the opportunity to inspect the airbag system. Photos of the deployed airbags, vehicle damage, and injuries can also help.

3. Report the Incident

You may want to file a complaint with the National Highway Traffic Safety Administration (NHTSA), especially if you suspect a widespread defect.

4. Consult an Experienced Illinois Product Liability Attorney

An experienced Illinois defective produce attorney can investigate the incident, consult with engineering and automotive experts, and determine whether you have a case.

Compensation for Airbag Injuries

If you’ve been injured by a defective or dangerously deployed airbag, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Disfigurement
• Emotional distress
• Loss of normal life
• Wrongful death damages (in fatal cases)

Unlike a typical car accident case where the other driver may be at fault, defective airbag cases involve product liability laws. These claims often require litigation and expert testimony but can result in significant compensation when handled correctly.

How Our Illinois Law Firm Can Help After a Defective Airbag Accident

Airbag injury cases are complex. They often involve:

• Multiple parties across the supply chain
• Federal recall investigations
• Expert engineering analysis
• Extensive documentation and records

At John J. Malm & Associates, our Naperville personal injury team has the experience and resources to take on major corporations and manufacturers. We work with medical experts, crash reconstruction specialists, and product engineers to build strong product liability cases. We also handle all communication with insurance companies, manufacturers, and opposing counsel—so you can focus on your injuries and medical treatment.

We offer:

• Free consultations
• No upfront fees — you only pay if we win
• Personalized, compassionate representation
• Aggressive pursuit of full compensation

Frequently Asked Questions About Airbag Injuries and Defective Airbags

1. How do I know if my airbag was defective?

Signs of a defective airbag may include:

• The airbag didn’t deploy during a serious crash
• The airbag deployed unexpectedly (without a collision)
• The airbag exploded or emitted smoke, sparks, or shrapnel
• You suffered injuries inconsistent with a normal deployment (e.g., deep lacerations or burns)
• Your vehicle is under an airbag recall

If you’re unsure, an attorney can investigate your claim, review recall databases, and consult with experts to determine whether a defect caused your injury.

2. Can I sue the airbag manufacturer or vehicle maker?

Yes. If your injuries were caused by a defective airbag, you may have a product liability claim against the airbag manufacturer, vehicle manufacturer, or other parties involved in the design or distribution of the defective product. In Illinois, these claims fall under strict liability law, meaning you do not need to prove negligence—only that the product was defective and caused your injury.

3. What if my airbag didn’t deploy—do I still have a case?

Possibly. Airbags are not supposed to deploy in every collision (e.g., low-speed crashes or minor fender benders), but if the crash was severe enough to trigger the airbag and it failed to deploy, you may have a claim for a manufacturing or design defect. It’s important to preserve your vehicle and speak to a lawyer to determine if the airbag failure played a role in your injuries.

4. Are airbag injuries common?

While most airbags function properly, injuries can and do occur—especially in high-speed collisions or when the airbag is defective. Common airbag injuries include facial fractures, burns, chest trauma, and even death in cases involving defective inflators. The Takata airbag recall is a prime example of how widespread and serious these issues can be.

5. My car was recalled for an airbag issue—can I still file a claim?

Yes, a recall does not prevent you from filing a claim. In fact, it may strengthen your case. If you were injured by a recalled airbag that had not yet been replaced—or was improperly repaired—you may be able to recover compensation from the manufacturer or dealer.

6. What damages can I recover in an airbag injury lawsuit?

You may be able to recover:

• Medical expenses (current and future)
• Lost wages and lost earning capacity
• Pain and suffering
• Disfigurement and scarring
• Emotional distress
• Wrongful death damages (if a loved one was killed)

The specific amount depends on your injuries, the impact on your life, and the strength of the evidence.

7. How long do I have to file a claim in Illinois?

In Illinois, the statute of limitations for personal injury and product liability claims is generally two years from the date of the injury. However, some exceptions may apply (such as discovery of the injury later). It’s best to speak with an attorney as soon as possible to protect your rights.

8. Do I need a lawyer for an airbag injury case?

Yes. Airbag injury cases are complex and often involve large corporations, automotive engineers, and product safety standards. A personal injury lawyer can:

• Preserve crucial evidence
• Work with experts to investigate the defect
• Handle all negotiations and filings
• Maximize your chances of fair compensation

Most personal injury attorneys (including us) work on a contingency fee basis, so you pay nothing unless we win your case.

9. How much does it cost to hire a defective product lawyer?

At John J. Malm & Associates, we offer free consultations and work on a contingency fee—meaning you don’t pay any legal fees unless we successfully recover compensation for you. There are no upfront costs or hourly rates.

Contact the Award-Winning Illinois Airbag Injury Lawyers at John J. Malm & Associates

If you or a loved one has been injured by an airbag—whether due to a defect, malfunction, or overly aggressive deployment—contact the dedicated injury lawyers at John J. Malm & Associates. You may be entitled to compensation, and we are here to help you every step of the way. Call us now or fill out our online form to schedule your free, no-obligation consultation. Let us fight for the justice and compensation you deserve.