Legally Reviewed by William Pemberton on September 29, 2026
You trust your airbag to protect you the moment a crash happens, not to become another source of harm. When an airbag ruptures, deploys with excessive force, or fails to inflate at all, a device meant to save your life can instead cause severe facial injuries, burns, or worse in the same instant it was supposed to keep you safe.
At Pemberton Personal Injury Law Firm, we help injured drivers and passengers understand their rights after a defective airbag causes harm. We know how confusing and painful this experience can be, especially when the injury comes from equipment you were counting on, and we are here to help you sort out who is responsible and how to move forward.
Why Airbags Fail When You Need Them Most
Airbags are complex safety systems built to inflate in a fraction of a second, and even a small manufacturing flaw can turn that split-second reaction into a hazard. Some airbags deploy with metal fragments flying through the cabin. Others fail to deploy at all, leaving occupants without the protection they expected in a crash, or deploy with such force that the impact itself causes injury.
Common ways an airbag can fail include the following:
- Faulty inflators: A defective inflator can rupture during deployment, sending shrapnel into the vehicle.
- Sensor malfunctions: Faulty crash sensors can cause an airbag to deploy too late, too early, or not at all.
- Manufacturing defects: Errors during production, such as improper welding or contaminated propellant, can compromise the entire airbag system.
- Design flaws: Some airbags are built with a design that does not account for certain crash speeds, vehicle types, or occupant positions.
Once one of these failures happens, the resulting injuries often go far beyond what a properly functioning airbag would have caused, and pinpointing the exact cause of the failure becomes central to building a strong case.
Who Can Be Held Responsible for a Defective Airbag?
Defective airbag cases usually fall under product liability law rather than typical car accident claims. That distinction matters, because the party responsible for your injuries may not be the other driver at all. It may be a manufacturer that never even knew you existed until your claim was filed.
Depending on the facts of your case, liability could rest with the airbag manufacturer, the parts supplier that built the inflator, the vehicle manufacturer that installed the system, or even the dealership that sold or serviced the vehicle without addressing a known recall. Multiple parties are sometimes involved at once because a single defective part can travel through several manufacturers and assembly lines before it ever reaches your vehicle.
Because these cases often involve large corporations with significant legal resources and teams dedicated to limiting payouts, it helps to have a firm on your side that knows how to investigate a defect claim from the ground up and is not intimidated by the size of the company on the other side.
How We Help You Build Your Defective Airbag Case
We start by digging into the details of the crash and the airbag system itself, rather than assuming the cause is obvious. Building a strong claim means looking closely at the evidence and understanding exactly what went wrong.
Investigating the Defect
We review recall records, inspect the vehicle, and work with engineers or safety experts who can explain exactly how and why the airbag failed the way it did. We also look closely at whether your vehicle was subject to a recall you were never properly notified about, as a missed or ignored recall can significantly strengthen your product liability claim against the manufacturer or dealership involved.
According to the National Highway Traffic Safety Administration, tens of millions of vehicles have been affected by defective Takata airbag inflators alone, with dozens of confirmed deaths tied to ruptures in the United States. This shows how widespread airbag defects have been across the auto industry, and why identifying the specific defect in your vehicle matters so much to the strength of your claim.
Pursuing the Full Value of Your Claim
If your injuries were especially severe, our catastrophic injury attorneys can also help you pursue the full value of your losses, including long-term medical care, lost income, and the impact on your daily life. We take the time to understand how your injuries have changed your day-to-day routine so nothing gets left out of your claim.
Throughout the process, we keep you informed at every stage so you are never left wondering what is happening with your case. Our goal is to take the burden of the investigation off your shoulders so you can focus on recovering while we focus on holding the responsible parties accountable.
Contact Pemberton Personal Injury Law Today
Getting hurt by the device meant to protect you is not something you should have to sort out alone, especially while you are still recovering from your injuries. Our team has the experience to investigate complex product liability claims and the persistence to stand up to manufacturers that try to avoid responsibility for defective products.
If a defective airbag has left you injured, we want to hear your story and help you understand your options moving forward. Reach out to our team today to schedule a free case evaluation, talk about what happened, and learn how we can help you seek the compensation you deserve.
Frequently Asked Questions About Defective Airbag Injuries
How do I know if my airbag injury was caused by a defect rather than the crash itself?
This question is often at the center of a defective airbag claim, and answering it requires a careful investigation. If an airbag deployed but caused injuries far beyond what the crash impact would typically produce — such as burns, eye injuries, or lacerations from shrapnel — that can be a sign of a defective inflator or a design problem. If the airbag failed to deploy in a crash that should have triggered it, that points to a sensor or manufacturing issue. An attorney can work with engineers and safety experts to inspect the vehicle and the airbag components, review recall databases, and determine whether the injury was caused or worsened by a product defect.
Can I still file a claim if my vehicle had an open airbag recall that I never addressed?
Possibly. Whether an unaddressed recall affects your claim depends on the specific facts of your situation, including whether the recall was the type that related to your injury, and whether you received proper notice of it. Manufacturers and dealerships have obligations around notifying vehicle owners about safety recalls. If you were not adequately notified, or if the recall process itself was flawed, you may still have a viable claim against the manufacturer or the dealer. This is a nuanced area of product liability law, and speaking with an attorney who handles defective product cases is the best way to understand how the recall history affects your specific situation.
Is a defective airbag claim different from a regular car accident claim in Wisconsin?
Yes, in important ways. A standard car accident claim focuses on the negligence of another driver, while a defective airbag claim is a product liability case that focuses on the safety of the product itself. The responsible party is often a manufacturer or supplier rather than another driver. Product liability law has different rules around how liability is established, what evidence is needed, and who can be named in a claim. These cases also tend to involve larger corporations and more complex technical evidence than a typical collision claim, which makes having an attorney with product liability experience a significant advantage.
What types of injuries are most commonly caused by defective airbags?
Defective airbag injuries vary depending on the type of failure. Ruptured inflators, particularly those linked to the widespread Takata recall, can send metal fragments into the vehicle at high speed, causing severe lacerations, eye injuries, and in some cases fatal wounds. Airbags that deploy with excessive force can cause broken bones, facial trauma, and burns from the propellant gases. Airbags that fail to deploy at all leave occupants without cushioning protection, increasing the severity of injuries from the collision itself. Burns from chemical exposure during deployment are also documented in cases involving contaminated propellant. All of these injury types can support a product liability claim if a manufacturing defect or design flaw is identified as the cause.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
