Posted On: September 11, 2008 by Jeffrey M. Reiff

PHILADELPHIA AIRBAG DEFECT AND SUV ROLLOVER ATTORNEY SALUTES BMW USA IN THEIR RECALL OF 200,000 CARS AND SMALL SUVs FOR AIRBAG DEFECT - A STEP IN THE RIGHT DIRECTION FOR CONSUMER SAFETY.

BMW A.G. has recalled 200,000 vehicles due to the fact that they are concerned that the front passenger airbags may not deploy in a crash. The German automaker noted that the recall involves a 2006 3-Series, the 2004-2006 5-Series and 2004-2006 X3 sport utility vehicle in the U.S. The National Highway and Traffic Safety Administration stated in a posting on its website that small cracks could develop in the seat detection mat and deactivate the front passenger airbags. It is further advised that the airbag warning lamp and the passenger airbag “on-off lamp” would remain on. BMW advised that there were no accidents or injuries reported due to this alleged recall defect.

NHTSA opened an investigation into the issue in September 2007 and upgraded its probe in January. In addition to the vehicle under the above recall, the ongoing investigation also includes the 2004-2006 Z4, 2006 X5, 2006-6 Series and some 2004-2006 7-Series vehicles. NHTSA has stated that BMW received 23,739 RT claims over the airbag system by early January. To respond to this problem, BMW said it will extend its warranty to 10 years without any mileage limit for the following vehicles: 2006 6-Series, 2006 3-Series with standard seats, 2004-2005 Z4, 2004-2006 7-Series, 2006 X5, and 2004-2006 5-Series with comfort seats. BMW stated that under the extended warranty program, the detection mat in the vehicle with the airbag system problems would be replaced at no charge to the customer. For more information, owners are asked to contact the manufacturer at 1-800-525-7417 or NHTSA at 1-888-327-4236.

The Pennsylvania airbag defect and SUV rollover law firm of Reiff and Bily has been representing victims (in Pennsylvania and throughout the United States) who have been injured as a result of a defective airbag deployment or non-deployment. Airbags when properly designed prevent death and catastrophic injury. Unfortunately, many airbag systems were designed poorly, resulting in thousands of injuries and fatalities. An individual should assume that an airbag will provide an extra level of protection for drivers and passengers of motor vehicles. Many times defective airbags fail to deploy all together or deploy with too much force, causing injuries such as paralysis, severed brain stems, broken necks, blinding, brain hemorrhages, temporomandibular joint syndrome, facial bone fractures, disfigurement, burst hearts, and other serious injuries or fatalities. Surprisingly, even a low impact or low speed collision can cause an overly aggressive airbags to deploy with too much force, causing an injury that would not have occurred had this defectively designed airbag not been involved.

Automotive engineers and manufacturers admit that every time an airbag deploys, it carries the risk of seriously injuring and killing an occupant. Many manufacturers note boldly and conspicuously in their vehicles that one should never allow an infant or child to sit in the front seat of a vehicle with airbags. Defectively designed airbag cases are complex and require experienced counsel. Most modern automobiles contain a black box similar to the ones found on aircraft. After an airbag deployment case, experienced investigators and engineers should download the black box contained in the vehicle. The black box contains important information concerning the severity of the crash and often provides telltale signs of airbag deployment problems and other issues.

The experienced defective airbag lawyers of Reiff and Bily have worked with experts, investigators and attorneys nationally to promote the design and manufacture of safer airbags. Fortunately, due to a wave of successful product liability lawsuits against automobile manufacturers which have resulted in significant damage awards to injured plaintiffs, the manufacturers have started to address safety issues in a more direct and stringent fashion. Many expert trial lawyers, and their scientific research, have promoted the design of safer airbags and automobiles and have made the manufacturers aware that these defects must be addressed by the manufacturers or the jury system. Fortunately, BMW has taken the appropriate first steps in their recall of this airbag defect when the evidence was presented.

Defective airbag cases require the assistance of an experienced legal team, experts and investigators. Some known defects of airbags include, but are not limited to, airbags without tethers, inferior algorithms, venting and folding defects, failure to incorporate modern technology, use of inexpensive sensors, and other technological deficiencies. Airbag cases are normally complex and expensive to pursue and require many experts and expensive investigation to successfully prosecute. We believe that the proud efforts of trial lawyers in the United States who specialize in litigating airbag cases have led companies such as BMW and NTSHA to take more aggressive steps to protect the unknowing consumer. Each month the National Highway Transportation Authority releases a list of recalls. To view this information, please go to www.nhtsa.gov or www.safercar.gov. The site provides information including vehicle and equipment campaigns from 1966 to present. The campaigns include motor vehicle products which contained a safety-related defect which did not comply with federal motor vehicle safety standards.

If you or a loved one has been injured by a defective airbag, please contact us for a free consultation at 1-800-421-9595 or www.reiffandbily.com