Your Rights After an Airbag Injury in Nevada

Last updated on March 30th, 2025 at 04:43 pm

Airbags are somewhat controversial safety features. They are meant to protect drivers and passengers when an accident happens. But, if they deploy when they are not supposed to or they malfunction, they can cause serious injuries. 

In Nevada, road safety is an ongoing concern. The worries about the safety of airbags compound this concern in 2025. For instance, there are 44,000 car accidents in Las Vegas every year. Many of these accidents include mild to severe airbag injuries. 

So, airbags save lives and worsen injuries in certain circumstances. You can pursue a legal case if a defective airbag injures you. However, you must follow the right steps to be successful.

How Do Airbag Injuries Happen?

Airbags are designed to inflate instantly during a crash. They are supposed to cushion the impact between your body and the surfaces of your car. Because they work well, airbags are a constant presence in most modern vehicles. 

Still, it becomes a terrifying situation when they malfunction, fail to deploy, or deploy at the wrong time. 

Most Common Airbag Injuries

Some of the most common airbag injuries include the following:

• Facial lacerations and fractures
• Chemical burns
• Neck and spinal injuries
• Body contusions and lacerations
• Concussions
• Respiratory problems

An airbag injury can sometimes be severe enough to require long-term medical treatment or rehabilitation. If this happens to you, you may be entitled to a larger settlement (if you file a personal injury or product liability claim). 

When an Airbag Injury Happens

Airbag injuries usually happen as a result of a larger crash or collision. However, they can also happen as a result of a manufacturing error. Several airbag recalls have occurred over the years, including the well-known Takata airbag recall. These incidents draw attention to dangerous defects that cause airbags to deploy with excessive force. 

If you are in an accident and the airbag ‘explodes’ in your face, you may suffer severe injury. You can also suffer severe injuries if the airbag does not deploy in a serious accident. 

Your Rights Under Nevada Law

Nevada works to protect drivers and passengers from defective airbags. As such, the state follows a strict liability standard for product liability claims. This means you can hold a manufacturer or supplier responsible for injuries sustained due to a defective airbag. This is regardless of whether the defect happened due to negligence. 

Strict Liability and Airbag Injuries

Under strict liability, you don’t have to prove negligence on the defendant’s part. What you need to do is the following:

• Prove that the airbag was defective.
• Prove that the defect existed when it was placed into your car.
• Show how the defect directly resulted in your injuries.
• Demonstrate you used the airbag in a reasonably foreseeable manner.

These legal requirements are meant to protect you. If these elements are in place and proof supports them, you and your lawyer can ensure that manufacturers and suppliers are held accountable. 

Nevada’s Comparative Negligence Laws

It is important to remember that Nevada applies modified comparative negligence rules. If you are partly to blame for an accident, you can recover some damages. If your fault exceeds 50%, you may not be able to recover any compensation. 

For example, you may be 30% at fault for sitting improperly in your car or not adjusting your seat to the recommended distance from the airbag. This means you can still receive compensation for 70% of your damages. 

Statute of Limitations

Nevada’s statute of limitations is two years from the date of your injury. If you are eligible to pursue compensation, you must do so before this deadline. 

Filing a Claim for an Airbag Injury

You will likely only be able to file an airbag injury claim if you follow the right steps after an accident. These include:

• Getting immediate medical help after an accident and airbag injury
• Taking photos and videos of the accident scene and your injuries
• Asking for witness statements
• Requesting a copy of the official accident report
• Preserving evidence, including parts of the defective airbag
• Contacting a personal injury lawyer

If you have evidence and medical records to support your claim, your lawyer can help you calculate economic and non-economic damages. You may sue for punitive damages if egregious actions are involved. 

Why Hiring a Lawyer Is Important

Filing a claim or eventual lawsuit after an airbag injury is complex. You need a suitably experienced lawyer to ensure your case is properly investigated and that all liable parties are held accountable. 

Look for a lawyer with experience in airbag injury claims and who understands how Nevada law applies to these claims. This will increase your chances of being compensated for your losses and damages.