SRS Airbag Image

Case of Note

The Estate of Mayling Semidey v. Ford Motor Company

While airbags are recognized for saving lives, if improperly designed they can have devastating consequences. On November 12, 2003, a jury found Ford Motor Company liable for the March 11, 2000 death of Mayling Semidey.

As trial counsel for the Estate, Mr. Didier presented evidence that Ms. Semidey was killed when her airbag in her 1996 Ford Taurus deployed in a low-speed accident where it was not needed. The jury was also presented with evidence that the airbag was unreasonably dangerous as designed due to its potential to cause injuries and death in low-speed accidents where consumers would otherwise be uninjured.

After a short deliberation, the jury awarded the Estate $3.3 million dollars.

Airbag Fact!

200 mph is the typical speed of an airbag when deployed.

Source: Automotive Occupant Restraints Council, 2008

Airbag Defects

With every passing year airbag systems become more and more complex. For example, many systems now monitor seat position and belt use or non-use to determine when and if an airbag deployment is needed in minor to moderate accidents to protect the occupant. With this ever increasing complexity, the ability to identify and prosecute airbag defect claims becomes more difficult.

Developing trends in airbag litigation reveal that airbag defects can come many forms. Consumers and attorneys looking to evaluate the potential that an airbag defect played a role in their injuries occurring should consider the possibility that the airbag failed to perform as intended.

Some of the more common failures are as follows:

Inadvertent deployments

Sometimes an airbag will deploy or “fire” when it is not intended. An airbag deploying in the absence of an accident is a classic example of an inadvertent deployment, and can be the basis of a claim when significant injuries occur.

Late deployments

Airbags are intended to deploy within milliseconds of the airbag computer sensing that a crash of significant magnitude is occurring. However, sometimes due to sensor placement issues, faulty components, or airbag algorithm problems the airbag can deploy after it should. The result is that the occupant does not receive the protection intended until after the forces of the impact have already caused injuries that could have been prevented.

Failures to deploy

Most manufactures design airbags to deploy in moderate to sever accidents. Airbags are neither needed nor desired in low speed accidents, as the forces required to deploy an airbag in time may do more harm than good when they introduced in minor crashes. However, as airbags become more complex more and more fail to deploy situations are being seen. In these cases, consumers can sustain injuries that could have been prevented if the airbag would have fired as intended and designed.

At the Didier Law Firm we understand the science, literature and engineering principles behind airbag technologies and the problems and failures that can occur. Airbag cases can be complex and expensive to pursue, and often require multiple experts to successfully prosecute. However, by applying our experience and resources we are able to maximize the potential for successful results when litigating with manufacturers and airbag suppliers. If we can assist you in evaluating or pursuing these types of claims, please do not hesitate to contact us.

1203 North Orange Avenue • Orlando, Florida 32804 • (407) 895-3401 • (888) 895-3401