Airbag Injury Lawsuits—More to Come?

Luzerne County, PAA teenager was left with permanent brain injuries after his airbags failed to deploy in a car crash back in 2011. An airbag injury lawsuit was filed on his behalf against General Motors on July 14, which begs the question: Now that the public is aware of the General Motors faulty ignition switch recall, will more people who suffered airbag injuries over the past decade (since GM knew of the problem) file similar lawsuits?

In a recent study, federal crash data shows that 303 people died after the airbags failed to deploy on two of the models that were recalled by GM. The Friedman Research Corporation (a company that analyzes vehicle safety data) was commissioned by the Center for Auto Safety to review airbag failures from 2003 to 2012. That review has now been criticized by the Center for Auto Safety for not detecting the failed airbag and its link to the faulty ignition switch.

As of June 30, GM has acknowledged 16 deaths and 61 crashes over its ignition switches, according to Reuters. In early June, however, a Reuters investigation found that at least 74 people had died in GM cars in accidents similar to the 13 deaths GM had reported involving defective ignition switches. Recently reported fatalities involved a 2003 Chevrolet Impala, and a 2004 Impala: the airbags failed to deploy in both crashes.

Damon Szatkowski was 17 years old when he was driving a 2006 Pontiac Solstice (included in the GM ignition switch recall) that hit a retaining wall, according to the Times-Tribune.com. GM has finally admitted that the faulty switch can shut off power to the engine, resulting in the loss of steering, brakes and airbags as well as other safety functions. The lawsuit claims that the car maker was negligent and reckless for not alerting Szatkowski and millions of other drivers of the danger until February of this year. Further, the lawsuit accuses GM of fraud and a “civil conspiracy” for covering up the defective ignition switch problem.

In 2009, a car crash killed a young woman who was driving a 2006 Chevrolet Cobalt, according to the New York Times (March 13, 2014). The accident report and her brother said that she crashed into a tree at 70 miles an hour: the airbags didn’t deploy. At the time, the family was unaware of GM’s ignition problems but they filed a complaint with the auto giant and later filed a lawsuit. GM settled the lawsuit in 2011, despite the fact that the woman had been drinking - the accident report said that her blood alcohol level was 0.19, which is more than double the legal limit.

“Air bags are supposed to deploy whether people have been drinking or not,” said Mr. Gritton, the family lawyer. “I don’t bring meritless lawsuits.”