Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue over an airbag recall injury in New York?
Yes. Under New York’s strict products liability doctrine, you can sue a manufacturer for design defects, manufacturing defects, or failure to warn — without proving negligence. If a recalled airbag deployed abnormally or failed to deploy and caused injury, you have a valid claim against the manufacturer, distributor, or retailer in the chain of distribution.
What is the statute of limitations for an airbag recall lawsuit in NY?
Under CPLR §214, you have 3 years from the date of injury to file a personal injury lawsuit in New York. If the defective airbag caused a wrongful death, the family has 2 years from the date of death under EPTL §5-4.1. Missing these deadlines typically bars your claim permanently.
Does being involved in an NHTSA recall affect my lawsuit?
An active NHTSA recall can strengthen your claim because it establishes that the manufacturer acknowledged a defect. However, NY strict liability claims exist independently of federal recall proceedings — you don’t need to wait for a recall to sue, and a recall does not automatically resolve your civil case or guarantee compensation.
What damages can I recover in a NY airbag defect lawsuit?
New York allows recovery for medical expenses, lost wages, pain and suffering, and permanent disability caused by a defective airbag. In cases involving gross negligence or reckless disregard, punitive damages may also be available. The amount depends on the severity of your injuries and the specific facts of your case.