Airbag Non-Deployment and Malfunction in NJ — Adding Product Liability Claims Against the Manufacturer

PERSONAL INJURY LAW · SONG LAW FIRM COLUMN

Situation Overview

In a head-on collision on I-95 in NJ at over 45 mph, the driver's airbag failed to deploy, resulting in severe facial and thoracic injuries. Separate from the other driver's liability, is a claim against the vehicle manufacturer viable?

Legal Framework

The New Jersey Products Liability Act (NJPLA, N.J.S.A. 2A:58C-1 et seq.) governs harm from product defects under three theories:

• Design defect: the product's design itself is unsafe
• Manufacturing defect: the design is sound, but a specific unit is defective
• Failure to warn: inadequate warning about use hazards

Airbag non-deployment claims typically proceed under manufacturing or design defect theories. The plaintiff must prove that in ordinary anticipated use, the product failed to achieve its safety purpose during the incident (strict liability).

Five Practical Strategies

First, preserve the vehicle in its post-accident state. Do not repair or salvage; leave it at the tow yard or move to private storage. Spoliation of evidence is fatal to product liability litigation. Also preserve photos, videos, and witness statements.

Second, secure ECU (Event Data Recorder / "black box") data promptly. The five seconds before impact — speed, acceleration, braking, seatbelt use, and airbag deployment command signals — are recorded. This data is decisive product-defect evidence.

Third, engage an automotive engineering expert early. The expert analyzes airbag system design, NHTSA standards (FMVSS 208), similar-accident statistics, and recall history to evaluate defect probability.

Fourth, investigate NHTSA recall and complaint databases. If the same model/year has documented similar incidents or recalls, the claim strengthens dramatically. NHTSA's Vehicle Owner Q&A and manufacturer TSBs (Technical Service Bulletins) should also be reviewed.

Fifth, join the manufacturer claim with the other-driver liability action. NJ R. 4:28-1 permits joinder of related claims — the other driver, the vehicle manufacturer, and the airbag component maker can all be named as defendants. The jury allocates fault among them.

Takeaway

Airbag non-deployment is not a common event, but when it occurs, damages typically far exceed the other driver's policy limits. NJPLA product liability claims are often the only path to full recovery beyond that ceiling. The five-step approach — vehicle preservation, ECU data, expert engagement, recall investigation, and joinder — is essential.

This is general legal information, not legal advice for any specific matter.