Airbags play an important role in ensuring the safety of drivers and passengers during car accidents. But what happens when these essential safety features malfunction? Airbag defects not only jeopardize the safety of the vehicle’s occupants, but they can also result in significant harm. Read this blog post to understand when manufacturers are at fault for injuries caused by defective airbags and why it is important to choose the right lawyer to help recover compensation. 

Understanding Airbag Defects 

Airbag defects are a serious concern in vehicle safety and understanding them is crucial for both drivers and manufacturers, especially when they cause or contribute to injuries sustained in a car accident. An airbag defect can manifest in various ways, significantly impacting the safety of the vehicle’s occupants: 

• Faulty Deployment Mechanisms: This includes scenarios where airbags deploy too late, too early, or not at all. An untimely deployment can be as dangerous as a complete failure to deploy. For instance, an airbag that deployed after a collision can cause additional injuries instead of preventing them. 

• Excessive Force in Deployment: Some airbags deploy with such force that they cause injuries, such as facial fractures or hearing loss. This is often due to issues in the design or manufacturing process that affect the deployment speed or the amount of inflation gas released. 

• Use of Harmful Chemicals: Certain airbags have been recalled for using chemicals that can deteriorate over time, especially in high humidity conditions, leading to dangerous deployments. These chemicals can explode violently, causing metal fragments to be propelled at high speeds into the vehicle’s cabin. 

• Sensor Malfunctions: Sensors play a critical role in determining when and how airbags should be deployed. A malfunctioning sensor might misinterpret a minor bump as a serious collision triggering the airbag unnecessarily, or it might fail to activate the airbag during a genuine collision. 

• Improper Airbag Size or Positioning: The size and positioning of airbags are designed based on extensive research and testing. If an airbag is improperly sized or incorrectly positioned, it can fail to provide adequate protection or may even cause harm. 

Each of these defects not only compromises the safety of vehicle occupants but also opens the door to potential liability issues for the manufacturer.  

The Role of Manufacturers in Airbag Safety 

The responsibility of manufacturers in ensuring airbag safety extends beyond the initial design and production phases, covering the entire lifespan of the airbag system. Understanding the breadth of this role is key to recognizing where liabilities may arise: 

• Design and Testing: Manufacturers must adhere to strict safety standards and conduct comprehensive tests to ensure that airbags perform reliably under various conditions.  

• Quality Control in Manufacturing: Once in production, strict quality control measures must be in place to ensure each airbag system meets the specified design criteria.  

• Compliance with Safety Regulations: In the United States, for instance, the National Highway Traffic Safety Administration (NHTSA) sets forth regulations that manufacturers must follow. Non-compliance can lead to recalls, legal action, and damage to reputation. 

• Transparency and Communication: This includes promptly issuing recalls and communicating effectively with consumers and regulatory bodies about known defects and the steps being taken to address them. 

• Responsiveness to Defects and Recalls: In cases where defects are identified, either post-production or as a result of accidents, manufacturers must act swiftly to investigate, address the issue, and conduct recalls if necessary.  

• Educating Consumers: Manufacturers also play a role in educating consumers about airbag safety, including proper vehicle maintenance and understanding how airbags work in conjunction with other safety features. 

Historical cases, like the infamous Takata airbag recall, highlight the catastrophic consequences of negligence in this area. When manufacturers fall short in any of the areas listed above, they may be held liable for accidents and injuries resulting from an airbag defect. 

Legal Recourse for Victims of Airbag Defects 

Victims of airbag defects often face a challenging path to recovery, both physically and legally. Understanding the kinds of legal recourse available is crucial for those affected. The primary avenue for seeking justice and compensation is through product liability law, which is designed to hold manufacturers, distributors, and retailers accountable for injuries caused by defective products. 

Product Liability Claims 

In the context of airbag defects, victims can file product liability claims. These claims are based on three primary grounds: 

• Manufacturing Defects: If the airbag’s defect is due to an error in the manufacturing process, victims can pursue a claim against the manufacturer. 

• Design Defects: If the airbag’s design is inherently unsafe, a claim can be filed against the designer or manufacturer for failing to design a safe product. 

• Failure to Warn: If the manufacturer knew or should have known about the risk and failed to adequately warn consumers, victims can file a claim based on this negligence. 

Class Action Lawsuits  

In cases where a specific airbag defect affects many people, a class action lawsuit may be appropriate. This allows a group of plaintiffs to pool their resources and pursue legal action against the manufacturer collectively. 

Understanding these legal avenues and taking the right steps can significantly influence the outcome of a claim. With the assistance of a skilled car accident lawyer, injured people can ensure their rights are protected and navigate the legal process of securing the compensation they rightfully deserve. 

Compensation for Damages Caused by Airbag Defects 

A driver or passenger injured by a defective airbag may be entitled to various forms of compensation, including: 

• Medical expenses 
• Lost wages 
• Pain and suffering 
• Punitive damages in cases of egregious manufacturer negligence 

Success in a product liability case often hinges on robust evidence. This includes medical records documenting injuries caused by the airbag, expert testimony about the defect, and evidence that the airbag directly caused the injury. 

Choosing the Right Lawyer for an Airbag Defect Case 

The right personal injury lawyer can offer invaluable guidance, from evaluating the merits of the case to negotiating with manufacturers and insurance companies. Selecting a lawyer with specific experience in both car accidents and product liability is crucial. At Parrish DeVaughn, we bring expertise and commitment to each case, ensuring your rights are vigorously defended. 

Contact Parrish DeVaughn Injury Lawyers 

If you or a loved one was injured due to a defective airbag, do not hesitate to contact Parrish Devaughn to consult with an experienced car accident lawyer in Oklahoma City. Our expertise in car accidents and product liability cases can help you navigate these challenging circumstances. Reach out to us today for a free consultation and to ensure your rights are protected and to explore your legal options. 

Medical implants and devices are supposed to help improve mobility, reduce the symptoms of certain diseases and conditions, and enhance quality of life. But for some people, getting a medical device implanted turns into the biggest regret of their lives.

That’s because certain medical devices are dangerous and defective and are prone to breaking down or failing inside the body, which can cause a host of side effects and complications. Victims of defective medical devices often need additional surgeries to remove, correct, or replace their dangerous implants, which means more medical bills and more surgery-related risks.

Because it’s important to address a defective medical device right away, it’s important to know if your device is beginning to fail. Here are common signs to look for after you’ve received a medical device implant, whether it’s immediately after the surgery or years later.

You’re Experiencing Severe Pain

Pain is one of the body’s most powerful signals that something is wrong. Although it’s common for many medical devices to cause pain in the days and weeks after surgical implantation, the pain should abate after an appropriate healing period. But some medical device recipients never experience a reduction in pain, and others may experience sudden pain after weeks, months, or years of being pain-free.

Pain that never goes away or that suddenly appears can indicate that your medical device was either implanted incorrectly or is defective. Never ignore persistent or sudden pain after receiving a medical device. In some cases, defective medical devices can even be life-threatening, especially when the primary complication is severe pain.

You’re Experiencing Bleeding

Bleeding is also a common sign of a defective medical device, but it can be difficult to detect when it’s happening in the body. Defective medical devices may damage muscle, tendons, and tissue surrounding the sites where they’re implanted. Eventually, the damage can become severe enough that bleeding occurs. And when this bleeding is unaddressed for months or years, it can become life-threatening.

Unexplained bruising and a darkening of the skin are both signs of internal bleeding, especially if they occur at or near the medical device implantation site. Some medical devices, including surgical and transvaginal mesh, can cause bleeding that can be observed externally. Frequent or constant bleeding can result in weakness, anemia, fainting, and other serious problems.

Your Mobility Is Impaired

One of the most common uses for medical devices is to improve mobility. This is the case for some of the most common implants, which include joint replacements in the knees and hips. But when these joint replacements are defective, patients can experience the opposite effect of what they desired: reduced mobility.

Reduced mobility can occur when joint replacements are designed improperly or cause significant inflammation in nearby tissue. In some cases, joint replacements can even break down over time. That means that while they may work well initially, their components and overall structure can gradually “dissolve,” rendering them weaker and less capable of supporting movement and weight.

Your Medical Device Has Been Recalled

Sometimes, months or years can go by before patients realize that their medical devices are defective and have caused serious injuries. But they may already have incurred damage or injuries from their devices and simply aren’t aware of it yet. One clue that your medical device may be harming you is if it has been recalled.

It’s important to keep a close eye on product recalls. The U.S. Food and Drug Administration maintains a database of recalled drugs, supplements, foods, medical devices, and more on its website. In addition to highlighting newly recalled products, it also shows previous recalls. You can use the search function to determine if your device was recalled at any point after (or even before) you received it.

Medical Device Injury Claims Require Experienced Legal Representation

Because medical device injuries can be potentially fatal, especially when infection is a factor, it’s important to see a doctor right away if you suspect you’re a victim of a flawed or defective device. Unfortunately, the cost of treating a defective medical device can be enormous. Not only will you likely need another surgery, but your recovery period may be even longer than it was after the first procedure.

Our Oklahoma medical device lawyers know what you’re facing, and it’s our goal to help you get full compensation. Contact Parrish DeVaughn Injury Lawyers today for a free consultation. We’ll hold the medical device manufacturer liable for your expenses and fight to get you maximum compensation.

A wrongful death suit is filed when someone dies due to the negligence of another person or party, and their immediate relatives — parents, children or spouse — seek to claim damages for their death. These cases can be difficult, especially when you’re taking on a major corporation, like a pharmaceutical company.

Millions of Americans get prescriptions filled every single day, and thanks to a 2011 Supreme Court ruling, it can be difficult to file a lawsuit in many cases. Learn about filing a lawsuit against a pharmaceutical company, when and why it gets complicated, and how a wrongful death attorney can be your best bet.

Pharmaceutical Product Liability Claims

A wrongful death suit against a pharmaceutical company falls under product liability. This sort of case holds that someone has been harmed by a dangerous or defective product. This includes food products and prescription medications.

Under strict product liability laws, manufacturers are responsible for any defects that cause injuries, regardless of negligence. This is partly why prescription drugs have a laundry list of potential side effects.

Because of these long warning labels, however, it’s important to have a solid additional liability theory in place to pursue a lawsuit. This could be anything from a side effect wasn’t in the warnings, that the drug was advertised for use contrary to its label, or that there weren’t clear warnings.

The Generic Drug Loophole

The process gets more complicated when one considers generic drugs. The 2011 Pliva v. Mensing decision by the U.S. Supreme Court relieved generic drug manufacturers of this responsibility for injury. This has a lot to do with state regulations being stricter than FDA regulations, but federal law trumping state law.

Pursuing Your Case

Just because this decision was handed down, however, that doesn’t mean you don’t have a case. If you lose a loved one because of a defective drug, you should absolutely look into pursuing a wrongful death suit. You may be eligible to collect funeral expenses, medical expenses up to the time of their death that were related to the drug’s effects, lost wages, lost comfort, and other damages.

In addition, even if the drug in question was generic, there is a new case pending before the courts that may revise certain elements of that decision which can re-open the potential for compensation. Waiting for this decision could cause the statute of limitations for your case to run out, though, so it may be better to file sooner, which can preserve your right to continue to pursue the case when the decision comes down.

Calling a Wrongful Death Attorney

The complexities of a pharmaceutical product liability case, combined with the requirements of a wrongful death case, can make it difficult to know what to do. This is why you should call on the services of a qualified, experienced and knowledgeable wrongful death attorney.

An attorney can advise you the right steps to take to preserve your ability to pursue damages, even if current laws make it tricky. Parrish DeVaughn is experienced at handling all manner of product liability and injury cases and we can help you. Give us a call for help today.

When you get hurt using a product you purchased, and the injury you suffer is due to some defect in manufacturing, packaging, warnings or the like, the manufacturer of that product can sometimes be held responsible for the damages you suffer.

These kinds of cases are called product liability claims, and they have to be pursued in a very specific way. Learn how product liability claims are processed, the legal theories involved, and why it’s so important to have a qualified injury lawyer help with your case.

Legal Theories in Product Liability

In the vast majority of personal injury cases, the concept of negligence comes into play. While this is certainly true of some product cases, it doesn’t attach in all. In fact, any given product injury case can employ a number of different approaches, including strict liability, negligence, warranty breach or fraud, among others.

Strict Product Liability Cases

The vast majority of product liability cases work on the concept of strict liability. What this means is that you purchased a product that was sold containing inadequate warnings, or with an unreasonable danger associated with its use, that the seller knew of the danger and had no intention of it being repaired before getting to you, and that it was this danger that caused you harm.

The reason that this is the legal theory most commonly applied is that it opens up the door to a broad range of damage awards and that it covers most of the bases of liability. It’s the easiest and broadest to pursue.

Product Negligence

Negligence requires several standard factors. You’ll need to show, first, that the manufacturer had a duty to create a product that was free from unreasonable risks when used as intended. Second, they in some way violated this duty — they created an inherently risky product, and they failed to warn of these dangers. Finally, it was this failure to uphold their duty that caused the accident which resulted in your injury.

Warranty Breaches

Proving a breach of warranty can be difficult, especially if there is no overt warranty packaged with the product. That’s because the first step is to prove that a warranty or guarantee existed. Secondly, you’ll need to show that in some way the product didn’t live up to the warranty or guarantee.

Fraud Cases

In cases of fraud, you will need to demonstrate, in brief, that the defendant in some way grossly misrepresented their product, did so deliberately, and that your reliance upon this misrepresentation was what led to your injuries. This generally carries some assumption of malice on the part of the manufacturer, but if it can be established can open the case up to additional awards, like punitive damages.

Working with an Injury Lawyer

Most businesses have solid teams of attorneys and experienced insurance companies backing them up, which can make it hard to pursue product liability claims. Those who find themselves in this situation should seek the help of a qualified personal injury attorney. If you’re in Oklahoma and need help with a product liability case, call Parrish DeVaughn today for help, advice, and consultation about your needs.

When you’re injured and it’s not your fault, you just want the responsible party to step up and pay for the injuries you’ve suffered. Sometimes that’s cut and dried; other times, not so much. For example, who do you hold responsible when an electronic device catches aflame or an appliance breaks and causes you harm?

Defective product cases can be tricky and depend on a number of factors. Learn why product liability claims can be complex, the different types of claim there are, and why having an Oklahoma City personal injury lawyer is important.

Types of Product Liability

Before you can determine how to pursue a product liability claim, you need to know what sort of defective product case you have. There are generally three types of these cases: defective manufacturing cases, cases of defective product design, and cases where improper instructions or inadequate warnings caused the injury.

Defective Manufacturing

When a line of products is generally sound, but one or two products in the line malfunction in a way that is catastrophic enough to cause an injury, this is a case of a manufacturing defect. For example, if you have a dining room set which is solidly constructed, but one of the chairs has a loose joint, causing it to collapse and injure you, the defect was in that chair’s manufacturing, not in the entire line.

Defective Product Design

Product design defects occur when there’s a core danger inherent in an entire line of products. The most recognizable form of design defect these days is among electronics. Some lines of electronics may have design defects which cause them to overheat and catch on fire. When this happens, there’s a core design flaw that is responsible for the injury.

Warning and Instruction Defects

What if you’re using a product and something unforeseen occurs, but could’ve been avoided if you’d had the proper warning? For example, let’s say you’re using a folding knife or multi tool. You assume that the blades lock because there’s no warning or instruction saying otherwise. When there’s no such locking functionality and the blade suddenly folds in and cuts you, this would be a problem of failure to warn users of this danger.

Oklahoma City Personal Injury Lawyer

When you’re dealing with design defaults, manufacturing issues or failure to warn issues, the steps you need to take to prove liability and negligence can differ based on the type of defective product case you need to pursue. The best bet to handle this is to call upon the services of a qualified Oklahoma City personal injury lawyer.

Not only will an attorney know how to gather the right evidence to pursue your case, they know how to fight back when insurance companies try to turn the claim around and blame you, or use other tactics to avoid payment. If you find yourself in this situation and need help, the injury lawyers at the Parrish DeVaughn Law Firm are here to help. Read about our firm, and get in touch for a free discussion about your case today!