Attorney at Graves McLain Injury Lawyers
Practice Areas: Wrongful Death, Medical Malpractice, Bad Faith Insurance, Car Accidents, T-Bone Tractor-Trailer Accidents, Dangerous Drugs
According to the National Highway Traffic Safety Administration (NHTSA), airbags saved over 50,000 lives between 1987 and 2017. But when airbags don’t work as expected—when they fail to deploy, deploy too forcefully, or even explode—they can cause serious injuries. In such situations, the safety device meant to protect you actually harms you.
If you were injured in a car accident in Oklahoma and your airbag didn’t work correctly, you may have the right to file a legal claim. This type of case often falls under product liability law. This legal principle holds manufacturers accountable for selling faulty products. In this guide, we’ll explain what airbag failure looks like, how Oklahoma law applies to your case, and what you can do next.
When most people think of airbag failure, they picture an airbag not deploying. The issue can be more complex. Airbag failure comes in several forms, with risks and legal implications.
In 2019 alone, more than 41 million vehicles were recalled due to defective Takata airbags, one of the largest safety recalls in U.S. history.
These problems often stem from design flaws, poor manufacturing, or faulty sensors. Regardless of the specific issue, if the airbag doesn’t do what it was meant to, and you’re injured because of it, compensation may be available.
Oklahoma allows people to file lawsuits against companies that sell defective products. This includes vehicles and their parts, such as airbags. The legal category is called product liability.
Under Oklahoma Statutes Title 76, a person injured by a defective product may bring a claim against the manufacturer or seller under the state’s product liability law.
Product liability claims in Oklahoma are generally based on one of the following:
Oklahoma follows a strict liability rule. This means you don’t have to prove the company was careless to be eligible to receive compensation. You only need to show that the airbag was defective and that it caused your injury while you were using the car in a usual way.
The state also uses a modified comparative negligence rule. Your compensation might be reduced if you’re found partially at fault for the accident. You may not be able to recover any money if you’re more than 50% at fault.
Bringing a successful airbag failure claim requires strong evidence. These cases often involve technical details and expert analysis. But the process starts with something simple: keeping your vehicle.
Do not repair or dispose of the car if you suspect your airbag failed. The airbag system needs to be inspected by professionals who can document what went wrong.
You’ll also need to collect the following:
The goal is to connect your injury directly to the failure of the airbag. This often involves reviewing crash data and system performance using the car’s internal data system, known as the black box.
According to the NHTSA, airbag defects have been linked to hundreds of serious injuries and deaths, often due to non-deployment or inflator explosions.
Your lawyer may work with experts to test the airbag module and determine precisely what went wrong. This step is often vital in cases involving explosions or severe injuries.
Yes, in many situations, you can sue for injuries caused by a defective airbag. The law supports claims against manufacturers and sellers when their products cause harm. Again, you can hold a manufacturer or designer liable without necessarily proving negligence.
You may be eligible to file a lawsuit if:
The statute of limitations for product liability claims is two years in Oklahoma. That means you have two years from the date of the injury—or from when you discovered the defect—to file your claim.
If you wait too long, the court may dismiss your case, even if the defect is apparent. Acting quickly helps preserve evidence and gives your attorney more time to build your case.
These types of claims are complex. They often involve manufacturers with strong legal teams, large insurance companies, and technical details that are hard to prove without expert help.
A personal injury attorney with experience in product liability can help:
The sooner you involve an attorney, the more they can do to protect your rights. They’ll help you understand whether you have a strong case, what damages you may be entitled to, and how to move forward.
Knowing what type of failure happened in your case can help you understand what kind of legal claim may apply. Here’s a helpful overview:
| Type of Airbag Failure | Description | Potential Legal Claim |
| Non-deployment | Airbag fails to inflate during a crash | Product defect or system failure |
| Unexpected deployment | Inflates without a crash | Sensor malfunction or faulty wiring |
| Over Deployment | Deploys with too much force, causing harm | Design flaw or poor calibration |
| Inflator explosion | Metal parts explode, injuring passengers | Manufacturer liability |
Each type involves different technical details, but the legal goal remains the same: to prove the product was defective and caused your injury.
Yes, if the airbag was defective and could have caused harm, you may still have a valid claim, even if serious harm was avoided. Injuries don’t have to be severe to qualify for compensation.
Depending on where the defect originated, the responsibility could fall on the airbag manufacturer, the carmaker, or even a repair shop.
You may still have a case. Companies are required to notify vehicle owners about recalls. Failing to inform you properly does not remove their responsibility.
You generally have two years from the date of the injury or discovery of the defect. It’s best to consult a lawyer as soon as possible to protect your claim.
Although hiring a lawyer isn’t technically required, an attorney can help you gather evidence, work with experts, and handle the legal process, giving your claim a better chance of success.
Airbags are meant to protect you in an accident, not cause more harm. But when they fail to work correctly, they can lead to serious injuries and unexpected complications. If you’ve experienced airbag failure in Oklahoma, the law may give you the right to seek compensation through a product liability claim.
The most crucial step is to act quickly. Preserve your vehicle, gather your medical records, and talk to a lawyer who understands defective product cases. The team at Graves McLain Injury Lawyers has experience handling complex product liability cases and is here to help you understand your rights.
Contact Graves McLain Injury Lawyers today to schedule a free consultation and learn what legal options may be available.
When injury victims need a law firm with a reputation for excellence, turn to Graves McLain Injury Lawyers. We are a top-rated personal injury firm determined to be the best. With decades of award-winning representation, our clients recover the compensation they need to put their lives back together.
