Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
Get The Justice You Deserve
Legally Reviewed By:
"*" indicates required fields
Most people trust that an airbag will protect them in a crash. But when an airbag ruptures and sends metal into a vehicle, or fails to deploy during a crash, the injuries can be life-changing. Defective airbags have caused serious injuries, including deep cuts, traumatic brain injuries, blindness, and wrongful death across the country.
If you have suffered harm from a defective airbag in Wisconsin, Pemberton Personal Injury Law Firm is here to help. Our attorneys handle Wisconsin personal injury cases involving defective airbags, dangerous vehicle parts, and manufacturer negligence. We serve clients in Madison, Eau Claire, Baraboo, Sun Prairie, and throughout the state. Defective airbag claims are different from standard car accident cases and may involve additional claims against manufacturers.
Airbag injury cases fall into two broad categories: injuries caused by a dangerous deployment and injuries caused by a failure to deploy. Both can be just as devastating.
In rupture cases, an airbag inflator explodes during deployment and sends metal fragments into the vehicle at high speed. These failures have caused serious injuries, including deep cuts, eye injuries, traumatic brain injuries, and even death. In other cases, the airbag fails to deploy during a crash, leaving the occupant without protection.
These situations can result in severe head trauma, spinal cord injuries, and other injuries that a properly functioning airbag might have prevented. Either way, the harm caused by a defective airbag often extends far beyond what the accident itself would have produced.
The two largest airbag defect crises in recent history involve Takata and ARC Automotive, and both continue to affect drivers on Wisconsin roads today.
The Takata airbag recall is one of the largest vehicle recalls in U.S. history and affects millions of vehicles. Heat and humidity caused some Takata airbags to become dangerous and explode during deployment, sending metal into the vehicle. The recall has been linked to dozens of deaths and hundreds of injuries across the country. If your vehicle still contains an unrepaired Takata airbag, you may be at continued risk, and you may have legal options if you were already hurt.
ARC Automotive is at the center of a separate but equally serious defect crisis. NHTSA confirmed in 2024 that certain ARC inflators contain a safety defect linked to ruptures, deaths, and serious injuries. Lawsuits involving defective ARC airbags are still ongoing. Drivers and passengers in certain BMW, General Motors, Volkswagen, and other vehicles may have legal options if a defective airbag caused injuries.
Defective airbag claims are not limited to drivers. Passengers injured by a rupturing or non-deploying airbag can also bring a claim, as can surviving family members in cases that involve wrongful death. If you were the owner of a recalled vehicle and suffered harm before the repair was made, that situation may also support a claim.
Wisconsin law allows injured people to hold manufacturers and other companies responsible when a defective airbag causes harm. Under Wisconsin law, a product may be considered defective because of a manufacturing problem, a design flaw, or a failure to warn people about known dangers. A defective airbag case may involve one or more of these theories, depending on how and why the component failed.
Many defective airbag claims also overlap with a Wisconsin car accident case against another driver. When both the crash and a defective safety system contributed to your injuries, your attorney can help identify all responsible parties and pursue every available avenue for recovery.
The losses that follow a defective airbag injury can be significant, and Wisconsin law generally allows injured people to pursue both economic and non-economic damages. What you may be able to recover depends on the specific facts of your case.
Damages that may be available include:
These cases can be complex, and the value of your claim depends heavily on how your injuries were caused and documented. Speaking with an attorney as early as possible is the best way to understand your options.
Wisconsin law also sets deadlines for filing defective airbag and personal injury claims. Typically, a lawsuit must be filed within three years from the date of the accident, and this time period generally applies to product liability claims under Wisconsin law. However, there are important exceptions and nuances that can affect the applicable deadline. Talking with an attorney sooner rather than later can help protect your options.
Defective product cases require a team that knows how to take on manufacturers, insurers, and their legal teams. Pemberton Personal Injury brings over 90 years of combined experience to every case, with a track record that includes achieving a landmark jury verdict in a high-stakes personal injury case. We understand how these cases work and what it takes to stand up to manufacturers and insurance companies.
Our approach is rooted in The Pemberton Promise, our commitment to every client: honest communication, thorough preparation, and dedicated advocacy from start to finish. We handle serious injury and defective product cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.
Insurance companies profit when you lose. Every claim they deny, every settlement they lowball, every injured person they convince to accept less—that’s money in their pocket. And they’re very good at what they do.
At Pemberton Personal Injury Law Firm, we’ve made it our mission to take on the insurance companies that put profits over people. We know every underhanded tactic they’ll use to cheat you out of fair compensation, and we’re prepared to fight fire with fire. When insurance adjusters see us coming, they know they’re in for a real battle. You didn’t ask to be injured.
You didn’t ask to fight a billion-dollar corporation. But now that you’re here, you deserve lawyers who will go to war for you. We don’t settle for less than full compensation, we don’t back down from tough fights, and we don’t let insurance companies bully our clients. PERIOD.
A defective airbag can turn a serious crash into a life-changing injury. Whether you are recovering from serious injuries, grieving the loss of a loved one, or trying to understand your legal options, you do not have to go through this alone. Pemberton Personal Injury serves clients in Madison, Eau Claire, Baraboo, and Sun Prairie, and we are prepared to put our experience to work for you.
If a defective airbag caused injuries to you or someone you love, contact Pemberton Personal Injury today for a free case evaluation.
$40M+ Won For Our Clients
Client sustained life-threatening injuries after being hit by a driver who passed away at the scene. We obtained close to the policy limits with an additional claimant pre-suit and negotiated medical liens down over $250,000.
In this car accident case, the client suffered catastrophic injuries in a head-on collision when the at-fault driver crossed the center line. Her injuries included multiple broken bones in the chest, ribs, wrist, and ankle, internal injuries requiring intestinal surgery, and a damaged artery in the spine. With medical expenses exceeding $4,000, we secured the at-fault driver’s full insurance coverage and pursued an additional $1,000,000 from the client’s own insurance policy. We also negotiated a reduction of more than $468,000 in outstanding medical costs to ensure the client received maximum financial recovery for her life-altering injuries and permanent impact on her ability to work.
The client sustained catastrophic injuries in a car accident — dislocated ribs and multiple vertebrae (including C3–C4, L4–L5, S1), a C2–3 cord lesion with right leg pain/weakness, concussion with loss of consciousness, abrasions, and ongoing neck, shoulder, back, knee and hip problems, as well as anxiety, depression and PTSD. With medical bills totaling $203,240.17, we secured a $595,000 settlement to compensate the client for extensive physical and psychological harms and to maximize their recovery.
The client was involved in a motorcycle crash and suffered a brain bleed, TBI, facial fractures, broken ribs, and internal organ injuries. After initially hiring our firm, the client left for a cheaper attorney who mishandled the case. Months later, the client returned to us, and we secured the full $500,000 policy limits and reduced medical liens by $20,950.
The client was injured in a motorcycle crash, suffering a head bleed, facial fractures, broken sinuses requiring surgery, spleen removal, multiple broken ribs, and fractures to the shoulder, spine, pelvis, femur, ankle, and hip. Despite limited insurance coverage, we secured the $250,000 settlement and reduced over $1 million in medical liens down to just $30, ensuring the client kept nearly the entire settlement.
The client was rear-ended in a car versus motorcycle crash, sustaining twisted bones in the spine, nerve damage in the neck and back, a concussion, hip pain, numbness in the feet, facial cuts, and anxiety. After initial treatment was interrupted by a two-year gap due to insurance issues, proving the crash caused the injuries became complicated. The client had previously tried negotiating with the insurer alone, resulting in medical bills sent to collections and a lowball offer. We secured a $180,000 settlement—more than twice the pre-retainer offer—and negotiated nearly $22,000 in medical cost reductions.
“If you ever need an attorney, he would be the first one I recommend”
“Focus on healing and we will take care of everything on the legal side”
“If you ever need an attorney, he would be the first one I recommend”