March 18, 2013

Airbag and Fuel System defect Lawyer Weighs In On Recent 2013 Nissan and Infinity Recall

We are lucky to live in a time when automobiles are recalled, as a matter of course, whenever facts reveal that it may be defective and potentially dangerous. But, on the other hand, it is pretty alarming when a major automobile manufacturer recalls several of its newest models. This is the case with Nissan, which just announced a recall of five different 2013 models—Altima, Pathfinder, Sentra, Leaf, and Infiniti JX35—and for two separate defects.

All five models, it appears, may have faulty occupant detection systems (ODSs), and one model, the 392 Sentra, has a potentially leaky fuel tank, owing to a faultily manufactured seal. The ODS recall affects 87,094 Nissans built this year, and all 2013 models built in 2012. The fuel tank recall only affects cars built from September 11, 2012 to October 2, 2012.

The air bag malfunction, which involves a much larger number of vehicles than the fuel tank anomaly, is a serious safety hazard. Sometimes, an airbag can cause injury because of its inordinate force, or because it was deployed erroneously. But, in this case—owing to a faulty occupant detection system—the danger is that airbags will not deploy at all.

The purpose of an occupant detection system is to determine who is sitting in a car, and—importantly—the size and weight of each occupant. It is there to ensure that airbags will not be deployed for children or very small adults, thereby harming them. But, in the case of these new Nissan models, the ODS system does not work properly, and can potentially keep airbags from being released at all, regardless of the weight of the occupants of the car. Needless to say, this malfunction can cause serious harm to those who are large enough to require airbags for protection.

According to the National Highway Traffic Safety Administration (NHTSA), the lives of 4,658 people have been saved because of airbags. The combination of safety belts and air bags is said to be 75 percent effective in preventing serious head injuries, and 66 percent effective in preventing serious chest injuries. Moreover, driver air bags reduce deaths in frontal crashes by 26 percent for drivers wearing safety belts, and passenger air bags reduce deaths in frontal crashes by 14 percent for passengers wearing safety belts.

It goes without saying that the other defect, a potentially leaky fuel tank, can cause a car to explode. Though, fortunately, fewer cars have been recalled for this flaw, it is indeed a serious problem.

If you have recently purchased one of these 2013 Nissans, you should contact your local dealer immediately. And, if you or a loved one has been injured in an accident involving one of these recalled cars, you should contact a knowledgeable product defect attorney as soon as possible—one with a track record of success in fighting automobile manufacturers.

Our airbag and product defect lawyers understand that safety should never be an option. The lawyers at Reiff and Bily have received the highest possible peer review ratings in legal ability and ethical standards, and have been recognized as the Top 100 Attorneys in Philadelphia and Top Attorneys in the Northeast. We always offer a free, no obligation consultation.

November 9, 2012

Chrysler Alerts Public of Potential Inadvertent Airbag Inflation and Issues Recall

Close to a million older model Jeep Grand Cherokee and Liberty SUVs worldwide have been recalled by the Chrysler Corporation for a problem with their airbags.

The National Highway Traffic Safety Administration (NHTSA) website indicated that a part could fail within the airbag control computer and the front and side airbags can potentially inflate while the SUVs are being operated.

Last year, an agency investigation revealed 258 inadvertent airbag deployments which caused 81 injuries. Chrysler has indicated that they will install an electrical filter free of charge until all of the Jeep Grand Cherokee’s and Liberty SUVs have been found to have the problem.

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October 16, 2012

If You Have Had Anyone Other Than a Car Dealer Replace Your Vehicle's Airbags or Purchased a New Airbag Online to Make a Repair, You May Be at Risk

Recently, the National Highway Traffic Safety Administration (NHTSA) has become aware of a serious problem involving the sale of counterfeit airbags for use as replacement parts in vehicles that have been involved in a crash. Many of these airbags look identical to certified original equipment parts including bearing the insignia and brand of automakers. NHTSA testing showed consistent malfunctioning rising from non-deployment of the airbag to the expulsion of metal shrapnel during deployment. It is estimated that almost 200,000 vehicles are at risk.

The airbag defect firm of Reiff & Bily is very concerned that many consumers whose vehicles have been in a crash and had their airbags replaced by repair shops that are not a part of a car dealership within the past three years, or who have purchased replacement airbags online, should contact the call centers established by automobile manufacturers to have their vehicles inspected at their own expense and/or have their airbag replaced if necessary. A list of call centers and additional information is available online at www.safercar.gov.

Continue reading "If You Have Had Anyone Other Than a Car Dealer Replace Your Vehicle's Airbags or Purchased a New Airbag Online to Make a Repair, You May Be at Risk" »

June 12, 2012

At What Speed Should My Airbag Deploy?

“Why did my airbag not deploy when it should have?”

This is a question that I am frequently called upon to answer as an experienced Pennsylvania defective airbag attorney. There is almost not a week that goes by in my practice where I am not contacted by a client or potential client questioning me about airbag deployment or non-deployment. Conventional wisdom is that airbags are generally designed to deploy in certain frontal crashes above various thresholds selected by the manufacturer. Most frontal airbags were designed in the late 1990’s to deploy above a threshold level of 14 mph into a solid concrete barrier. At the same time, many airbag systems were also designed to never deploy in crashes below 8 mph into a solid concrete barrier. However, above, below, and between these two benchmark speeds, airbags may or may not deploy depending upon the specifics of the accident and the vehicle.PA Airbag Safety

The most concerning phone calls that I receive are those involving an impact at speeds greater than the 14 mph threshold and those cases where airbags deploy below the 8 mph non-deployment threshold, which result in catastrophic injuries and, sometimes unfortunately, death.

For over three decades, the auto product defect and car accident lawyers of Reiff & Bily have explored, investigated, and litigated a host of over aggressive and non-deployment airbag cases and almost each situation is unique as it involves a difference in variables in the size and shape of the occupant and the position of the occupant in the deployment/non-deployment setting.

The first step in the evaluation of an airbag defect case is to preserve the evidence in a secure environment to provide non-spoliation of any information and physical evidence that may provide clues as to what happened. Many vehicles have a black box or crash data recorder which collects and interprets valuable data about the vehicle’s behavior and indicates factors leading to the decision of whether or not there was a deployment of the vehicle’s passenger restraint system, airbags, and belt pre-tensioners.

The design and sophistication of airbags has evolved with the sophistication of microchips and the availability of mini processors and it is important in any airbag deployment or non-deployment case which has caused a catastrophic injury or wrongful death to work with an aggressive auto defect lawyer who has the understanding of the complexities of these systems. Due to the non-linear nature of airbag deployment issues and problems, it is important to work with a lawyer and his team of mechanical engineers, accident re-constructionists, and bio-mechanical engineers who can fully evaluate what went wrong.

The skilled Pennsylvania airbag defect lawyers of Reiff & Bily understand that there is no such thing as an easy “A” approach or answer to a potentially complex situation and we have more than three decades of experience representing victims and their families who have sustained catastrophic injuries and wrongful death as a result of auto and airbag defects. We always offer a free, no obligation consultation and are proud to have been recognized by our peers and members of the Bar and judiciary for our legal abilities and ethical standards. We are honored to have received a vote as one of the Top 100 Lawyers in Philadelphia and as one of the Top 100 Trial Lawyers in the United States by the National Trial Lawyers.