Airbag Deploys and Sprays Shrapnel

I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.

Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss personal injury law topics.

Today’s question comes from a caller who said she lost control of her car on ice and went into a ditch. During the wreck, her driver-side airbag deployed and shot off pieces of metal into the occupant compartment. It was like shrapnel from an improvised explosive device she said. She suffered fairly serious injuries.

She wanted to know her legal options.

There have been quite a few cases over the past several years involving defective Takata airbags.

The car she was driving had a Takata programmable smokeless driver’s inflator.

It is a dual-stage inflator that utilizes a propellant that as it ages is susceptible to moisture and thermal cycling, resulting in a rapid and defective inflation of the airbag.

It is the type of airbag that has been shown to produce excessive internal pressure. Excessive pressure can cause metal fragments to pass through the airbag and strike an occupant.

In the caller’s case she may qualify for compensation through the Takata Individual Restitution Fund established under a Restitution Order entered against the Takata Corporation in connection with Takata’s Chapter 11 Bankruptcy Plan of Reorganization.

The caller may also have a potential claim against the vehicle manufacturer based upon strict product liability, failure to warn, and negligent recall.

I hope you found this information helpful. If you are a victim of someone’s carelessness, substandard medical care, product defect, work injury, or another personal injury, please call (219) 736-9700 with your questions. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there, make sure you request a copy of our book “Fighting for Truth.”