Tesla Airbag Lawsuit | 2024 Latest Updates

If you or a loved one experienced serious injuries, brain damage, or other trauma following a Tesla airbag malfunction, you may be entitled to pursue compensation.

At Schmidt & Clark, LLP, we are dedicated to helping individuals who have suffered due to defective automotive safety equipment.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark, LLP today for a free, no-obligation consultation.

Tesla Airbag Lawsuit Overview

The Tesla Airbag lawsuits center on allegations that the company’s vehicles contain defective airbag systems that fail to deploy during accidents, deploy with excessive force, or may contain dangerous ARC inflators that can explode and eject metal debris.

In 2019, a high-profile lawsuit was filed against Tesla after a Model 3’s airbags failed to deploy during a highway crash, leaving a college professor with severe brain damage.

The National Highway Traffic Safety Administration (NHTSA) has identified ARC Automotive airbag inflators, which are installed in some Tesla vehicles, as defective and potentially responsible for at least 7 injuries and 2 deaths in the U.S. and Canada since 2009.

Latest Tesla Airbag Lawsuit Updates

September 4, 2023

– The NHTSA announced that it had determined airbag inflators made by ARC Automotive Inc. and licensed by Delphi Automotive are faulty and can eject metal debris and explode, potentially causing fatal injuries to drivers and passengers.

These inflators were installed in vehicles from model years 2000 through 2018, including certain Tesla models. The agency scheduled a public meeting for October 5, the final step before a court-ordered recall affecting approximately 52 million vehicles.

May 2023 – NHTSA initially asked ARC Automotive to recall their airbag inflators, citing weld slag as being responsible for multiple injuries and deaths.

2019 – A lawsuit was filed against Tesla Inc. over a Maryland highway crash in which a Model 3’s airbags failed to deploy, leaving Kristian Edwards, a public-health professor at George Washington University, with brain damage despite wearing her seatbelt.

Her son in the back seat was also injured. The Edwards family sought monetary compensation for medical expenses, lost earning capacity, and pain and suffering in the case, Edwards v. Tesla Inc., filed in California Superior Court, Alameda County.

The potential economic impact of the ARC airbag inflator recall is substantial, affecting approximately 52 million vehicles across twelve major automakers.

For individual victims, the costs can be devastating—traumatic brain injuries like those suffered by Professor Edwards can result in lifetime medical expenses exceeding $3 million, not including lost wages and diminished quality of life.

“ARC inappropriately minimizes the severity of risk from its rupturing inflators by describing these events as manufacturing anomalies or a part of normal business. Specifically, ARC characterized the ruptures as ‘isolated events’ and ‘an inevitable part of any volume manufacturing process.’ NHTSA rejects any suggestion that the seven inflator ruptures are in some way normal or to be expected, absent a safety defect.”- The National Highway Traffic Safety Administration (NHTSA)

FDA Reports and Statistics

While the FDA does not regulate automotive safety, the National Highway Traffic Safety Administration (NHTSA) has conducted an extensive 8-year investigation into defective airbag inflators, including those installed in Tesla vehicles.

Key findings from NHTSA’s investigation include:

• ARC airbag inflators in question were installed in vehicles from model years 2000 through 2018 across twelve major automakers, including Tesla
• At least 7 injuries and 2 deaths in the U.S. and Canada have been attributed to these defective inflators since 2009
• The defect appears to be caused by weld slag, a byproduct of certain welding processes, which can become dislodged when the airbag deploys
• When dislodged, the weld slag can rupture the inflator, causing metal debris to be ejected into the passenger cabin
• NHTSA has determined that “additional ruptures are likely to occur in the future, risking more serious injuries and deaths, if they are not recalled and replaced”

The agency has rejected ARC Automotive’s characterization of these incidents as “isolated events” or “an inevitable part of any volume manufacturing process,” stating that the seven inflator ruptures are not normal or to be expected in the absence of a safety defect.

Tesla Airbag Injuries & Side Effects

Defective Tesla airbags have been associated with a range of serious injuries, particularly when they fail to deploy during a collision or when they contain potentially explosive inflators.

• Brain Trauma: Severe head injuries including traumatic brain injury (TBI), concussions, and permanent brain damage, as documented in the Edwards case
• Lacerations and Penetrating Wounds: Cuts, punctures, and embedded metal fragments from exploding airbag inflators that eject shrapnel-like debris
• Facial Injuries: Broken facial bones, dental damage, and eye injuries when airbags fail to deploy properly during a collision
• Internal Injuries: Damage to internal organs due to the impact forces not being properly mitigated by a malfunctioning airbag system

Do You Qualify for a Tesla Airbag Lawsuit?

You may qualify for a Tesla Airbag lawsuit if:

• You own or owned a Tesla vehicle manufactured between 2000 and 2018 that may contain ARC airbag inflators
• You or a family member was involved in a collision where the Tesla’s airbags failed to deploy properly
• You suffered injuries that could be attributed to airbag malfunction, such as head trauma, lacerations, or other injuries
• Your injuries required medical treatment, hospitalization, or ongoing care
• You can provide documentation of both the accident and your resulting injuries

Evidence Required for a Tesla Airbag Lawsuit

To strengthen your case against Tesla, you should gather:

• Vehicle documentation, including proof of ownership and maintenance records
• Accident reports filed with police and insurance companies
• Photographs of the accident scene, vehicle damage, and your injuries
• Medical records documenting your injuries and treatments
• Expert testimony regarding the airbag malfunction (your attorney can help arrange this)
• Witness statements from anyone who observed the accident or the airbag’s performance

Damages You Can Recover

Victims of Tesla airbag malfunctions may be eligible to recover compensation for:

• Medical expenses, including emergency care, surgeries, and ongoing treatments
• Rehabilitation costs, including physical therapy and cognitive rehabilitation
• Lost wages and diminished earning capacity
• Pain and suffering resulting from your injuries
• Permanent disability or disfigurement
• Loss of quality of life and enjoyment
• Punitive damages in cases of extreme negligence

Tesla Airbag Recall Information

While no Tesla-specific airbag recall has been issued yet, the company’s vehicles may be affected by the broader NHTSA action regarding ARC Automotive inflators.

The regulatory process is ongoing, with NHTSA having taken the following steps:

• The agency determined in September 2023 that ARC inflators installed in vehicles from 2000-2018 are defective
• A public meeting was scheduled for October 5, 2023, as the final step before a court-ordered recall
• The potential recall would affect approximately 52 million vehicles across twelve automakers, including Tesla
• ARC Automotive has disputed NHTSA’s findings and initially refused to issue a voluntary recall

Vehicle owners should stay informed about developments in this recall process, particularly if they own a Tesla from the affected model years. If a recall is officially announced, Tesla will be required to notify owners and provide a remedy at no cost.

Which Vehicles are Equipped With Defective Air Bag Inflators?

The ARC airbag inflators that the NHTSA is seeking to have recalled were installed in vehicles from model years 2000 through 2018 manufactured by a dozen automakers, including:

• Tesla
• BMW
• General Motors
• Ford Motor
• Hyundai
• Kia
• Maserati
• Mercedes
• Porsche
• Stellantis
• Toyota Motor
• Volkswagen

Statute of Limitations for Tesla Airbag Lawsuits

The time limit to file a Tesla airbag lawsuit varies by state but typically ranges from 1-4 years from the date of injury or from when you discovered (or reasonably should have discovered) that your injury was related to a defective airbag.

Several factors can affect the statute of limitations in your case:

• The state where the accident occurred or where you reside
• Whether you’re filing a personal injury claim or a product liability claim
• When you discovered the connection between your injuries and the airbag defect
• Whether the injured person is a minor (which often extends the filing deadline)

Given these variables and the complexity of product liability law, it’s crucial to consult with an attorney as soon as possible after an incident involving a potentially defective Tesla airbag.

Related Articles:

• BMW Mini Cooper Litigation
• Volkswagen Beetle Lawsuit
• Pontiac Vibe Recall Defective Airbag Lawsuit
• Malfunctioned Airbags Recall Lawsuit Update

FAQs

1. What types of accidents are commonly associated with defective Tesla airbags?

Common accidents include situations where the airbag fails to deploy during a collision, deploys unintentionally without a collision, or deploys with excessive force, leading to injuries such as fractures, concussions, and internal injuries.

2. Can I sue if I have been injured by a defective Tesla airbag?

Yes, you can sue if you have been injured by a defective Tesla airbag. You will need to provide evidence linking the airbag defect to your injuries.

3. What compensation can I receive from a Tesla airbag lawsuit?

Compensation may include medical expenses, lost wages, pain and suffering, rehabilitation costs, and other related damages. The amount depends on the severity of your injuries and the impact on your life.

4. How long will a Tesla airbag lawsuit take to resolve?

The timeline for resolution varies widely depending on case complexity, available evidence, and whether the case settles or goes to trial. Generally, product liability cases against large manufacturers like Tesla can take between 1-3 years to resolve.

5. Will the potential ARC inflator recall affect my Tesla airbag lawsuit?

A recall could strengthen your case by providing official recognition of a defect, but it doesn’t automatically guarantee compensation. Your lawsuit would still need to demonstrate that the specific defect caused your specific injuries.

See all related product liability lawsuits our attorneys covered so far.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for injuries caused by defective Tesla airbags. State-specific statutes of limitations typically allow only 1-4 years from the date of injury to file a claim, making it crucial to consult with an attorney promptly.

At Schmidt & Clark, LLP, we offer:

• Free, confidential consultations to evaluate your potential Tesla airbag case
• No upfront costs or fees – we only get paid if we win your case
• Experienced product liability attorneys who understand the complexities of automotive defect cases
• Nationwide representation for victims of defective automotive products

Don’t delay seeking the compensation you deserve. Contact our team today to learn about your legal options and how we can help you pursue justice for the injuries caused by a defective Tesla airbag system.