Vehicle recalls involving safety-critical components like airbags are a serious matter that affects millions of drivers and passengers. When BMW recalled over 350,000 vehicles due to faulty airbags, it highlighted a persistent and dangerous problem in the automotive industry: defective safety equipment that can fail to protect — or actively harm — vehicle occupants in a crash. For New Mexico drivers affected by this or similar recalls, understanding your legal rights under product liability law is essential.
Airbag defects have been responsible for some of the largest and most consequential vehicle recalls in history. The Takata airbag crisis alone affected more than 67 million airbag inflators in the United States, resulting in at least 27 deaths and over 400 injuries from exploding inflators that sent metal shrapnel into vehicle cabins. While the BMW recall involves different issues, the underlying principle is the same: when a safety device designed to save your life fails, the manufacturer must be held accountable.
Understanding Airbag Defects
Airbags are designed to deploy within milliseconds of a collision, cushioning occupants and preventing them from striking the steering wheel, dashboard, or windshield. When airbags are defective, several dangerous scenarios can occur:
Failure to Deploy
An airbag that fails to deploy during a crash leaves occupants without a critical layer of protection. This can turn a survivable accident into a fatal one. Failure to deploy can result from defective sensors, faulty wiring, software errors, or manufacturing defects in the airbag module itself.
Unintended Deployment
Airbags that deploy without a crash — while driving normally — can cause the driver to lose control of the vehicle, leading to a secondary accident. Unintended deployment can also cause direct injuries from the force of the airbag itself.
Excessive Force Deployment
Airbags that deploy with too much force can cause serious injuries, particularly to smaller adults, children, and elderly passengers. Injuries from overly aggressive airbag deployment include facial fractures, chest injuries, cervical spine injuries, and even death.
Defective Inflators
As demonstrated by the Takata crisis, defective airbag inflators can rupture during deployment, sending metal fragments into the vehicle cabin. This transforms a safety device into a deadly projectile.
Product Liability Claims for Defective Airbags
New Mexico’s product liability laws provide strong protections for consumers harmed by defective automotive safety equipment. Claims can be brought under several legal theories:
Strict Liability
Under New Mexico’s strict liability framework, vehicle and parts manufacturers are liable for injuries caused by defective products regardless of whether they were negligent. You must show that the airbag was defective, the defect existed when it left the manufacturer, and the defect caused your injuries.
Design Defect
If the airbag system’s design is inherently flawed — making it unreasonably dangerous even when manufactured correctly — the manufacturer may be liable for a design defect.
Manufacturing Defect
If a specific airbag unit deviated from the intended design during production, resulting in a malfunction, the manufacturer is liable for a manufacturing defect.
Failure to Warn
If the manufacturer knew or should have known about a defect and failed to warn consumers or issue a timely recall, they may be liable for failure to warn.
What to Do If Your Vehicle Is Recalled
- Check your vehicle’s recall status — Visit NHTSA.gov and enter your Vehicle Identification Number (VIN) to check for open recalls.
- Schedule the repair promptly — Recall repairs are performed free of charge by authorized dealers. Do not delay — driving with a known airbag defect puts you and your passengers at risk.
- Document everything — Keep records of recall notices, repair appointments, and any symptoms or incidents related to the defect.
- Consult an attorney if you’ve been injured — If a defective airbag caused or worsened your injuries in an accident, you may have a product liability claim.
Liability in Defective Airbag Cases
Multiple parties may be liable when a defective airbag causes injury:
- The vehicle manufacturer (e.g., BMW) — for installing defective components and for any delays in issuing recalls
- The airbag manufacturer — for designing or manufacturing the defective airbag system
- Component suppliers — for defective parts used in the airbag assembly
New Mexico’s Comparative Negligence and Statute of Limitations
New Mexico follows a pure comparative negligence standard (NMSA § 41-3A-1), meaning your recovery is reduced by your percentage of fault but never completely barred.
The statute of limitations for personal injury claims is three years from the date of the injury (N.M. Stat. § 37-1-8). For defects discovered after an accident, the discovery rule may apply.
Compensation Available
Victims of defective airbag injuries may recover:
- Medical expenses (emergency care, surgery, rehabilitation)
- Lost wages and diminished earning capacity
- Pain and suffering
- Scarring and disfigurement
- Emotional distress
- Wrongful death damages if the defect was fatal
- Punitive damages for egregious manufacturer conduct
Frequently Asked Questions
Can I sue BMW if my car was recalled but I wasn’t injured?
Generally, product liability claims require proof of actual injury. However, if the recall caused you financial harm — such as diminished vehicle value or out-of-pocket expenses — you may have other legal options. Consult an attorney to evaluate your specific situation.
What if I was injured in an accident and the airbag didn’t deploy?
If your airbag failed to deploy during a crash and you suffered injuries that the airbag should have prevented or reduced, you may have a product liability claim against the vehicle manufacturer and/or the airbag manufacturer.
Does a recall prove the product was defective?
A recall is strong evidence that the manufacturer identified a safety defect. While a recall alone does not automatically establish liability in a lawsuit, it significantly supports a product liability claim.
What if I bought my car used?
Product liability protections apply regardless of whether you purchased the vehicle new or used. Manufacturers are liable for defects in their products regardless of the chain of ownership.
Contact Dominguez Law for a Free Consultation
If you or a loved one has been injured due to a defective airbag or other automotive safety equipment failure, you deserve experienced legal representation. At Dominguez Law, we hold manufacturers accountable for putting dangerous products on the road.
Contact us today for a free, confidential consultation. There is no fee unless we recover compensation for you. Se habla español.
