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A California class action lawsuit (Brantley v. Nissan North America Inc. et al., case number BC609400, in the Superior Court of California, County of Los Angeles.) was filed on February 8, 2016. This lawsuit alleges that the automaker concealed an air bag defect in certain Nissan Frontier trucks. The plaintiff filed the lawsuit on behalf of herself and all other Californians who purchased or leased Nissan Frontier trucks model year 2011-2012.  The lawsuit alleges that the Nissan Frontier trucks experience unnecessary side air bag deployment. “This deployment occurs when the trucks are being used in a safe and normal manner.”

When air bags deploy unnecessarily, according to the lawsuit, drivers are put at risk of losing control. Losing control of a vehicle may cause injury or death to the driver, passengers, and others on the roadways. Also, the air bags will need to be repaired. The California lawsuit alleges that Nissan refuses to repair, or reimburse for, the repairs caused by the defective air bags. The repairs are often very costly in terms of initial repair and the diminished value of the trucks.

The plaintiff alleges that Nissan North America, Inc. was fully aware of the air bag defect even before it distributed the trucks to Nissan dealerships, and not only failed to disclose the defect but actively concealed the air bag defect from consumers.

How do air bags work?

In its 2009 report, Fatalities in Frontal Crashes Despite Seat Belts and Air Bags, the NHTSA (National Highway Traffic Safety Administration) describes how air bags work. “The main component of the air bag system is a strong fabric bag folded and stored in a module on the steering column for the driver, and in the dashboard for the passenger. When onboard sensors detect a frontal crash of severity exceeding a set threshold, equivalent to a delta-v of about 10 mph, detonators deploy the air bag. High pressure chemically-produced gasses force the bag out of the module and inflate it sufficiently rapidly that it is in place in front of the occupant before the occupant has had time to move forward appreciably in response to the crash forces.

What causes air bag failure?

Safercar.org reports that there are different ways that air bags may fail. These failures may be that the air bags deploy too forcefully in low-speed crashes, may deploy too late, not at all, or unexpectedly when there is no crash. Defects that are known to cause air bag failure include, overpowered inflators, inaccurate ECU (engine control unit) software, untethered air bags (Straps inside fabric air bags which are designed to prevent air bags from coming too close to drivers and passengers and slamming them in the face.), outdated technology, and not enough optimally located crash sensors.

Under Florida law, do you have a personal injury case if involved in an accident as the result of defective air bags? (Source: Nolo.com)

Yes, Florida law is specific when it comes to filing defective product lawsuits. The specifics are:

• Manufacturing defect(s) –an error in assembly or the manufacturing process of a product, which caused the product to become unsafe for a consumer.

• Design defect – an error in the original design of a product that causes the product to be dangerous and creates a hazard for users.

• Failure to warn – This is a defect in terms of the way a manufacturer instructs consumers to use their product or products.  If the correct use of the product may injure consumers and the manufacturer fails to mention this, it is negligence on the manufacturer’s behalf.

“Defective vehicle air bags have been in the news for several years and affect many vehicle manufacturers. The fact that the replacement parts are very slow in being available, puts many drivers and passengers at risk of personal injury. Our experienced lawyers at Spivey Law Firm, Personal Injury Attorneys, P.A. handle defective air bag cases. Please contact us for a free consultation if you or a loved one has been injured because of a defective air bag,” said Southwest Florida Defective Products Attorney Randall Spivey.

Southwest Florida Defective Products Attorney, Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.