Reviewed by Laurence P. Banville, Esq.Frequently asked questions
What are the grounds for an airbag lawsuit in New York?
In New York, you can bring an airbag lawsuit on several grounds: product liability (the airbag was defectively designed or manufactured), failure to warn (inadequate safety instructions), or negligence by another driver whose actions caused the airbag to malfunction or deploy improperly. You must show the airbag defect or failure directly caused your injuries.
Who can be held liable in a New York airbag injury case?
Liability may fall on the vehicle manufacturer, the airbag manufacturer (such as Takata or ARC Automotive), a dealership that failed to perform a safety recall, or an auto repair shop that incorrectly installed or serviced the airbag system. In some cases, multiple parties share liability under New York's comparative fault rules.
How long do I have to file an airbag lawsuit in New York?
New York's statute of limitations for personal injury claims, including airbag injury lawsuits, is three years from the date of the accident under CPLR §214. For wrongful death claims arising from an airbag failure, the deadline is two years from the date of death. Missing this deadline almost always bars your claim, so consult an attorney immediately after the crash.
What damages can I recover in a New York airbag lawsuit?
Recoverable damages in a New York airbag injury case typically include medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, and property damage. If the manufacturer's conduct was especially reckless, punitive damages may also be available. The value of your claim depends on the severity of your injuries and the specific facts of your case.