Hello jime,
Thank you for an interesting question.
I know in my case, I expect them to function as described by the
manufacturer of the vehicle. I set off to find other opinions and
expectations for you and first found an interesting discussion where
even lawyers are trying to determine the expectations one should have
of airbags and the protection they afford:
Counsel.net
http://www.counsel.net/chatboards/solo/topic55/7.20.01.08.49.34.html
"...Regarding airbag failure to deploy, I am wondering what
would be the most effective approach for my client. She had
a virtually head-on collision with a hearse at at least 50
mph, substantial damage to both vehicles and head and
face injuries, in an Infiniti QX4, which touts its great
airbags. her insurance company thinks they should have
deployed. is this a consumer expectation issue, a breach
of warranty, or what? or do i have to go into a lengthy
process with the manufacturer on a product liability claim,
which is never fun..."
There are several dozen responses to this question if this perspective
should be of interest to you.
The LawLetter
http://www.nlrg.com/lawlet/23-10.htm
PRODUCTS LIABILITY
Defective Airbags
Jeremy Taylor - Senior Attorney, Products Liability
"Since they were first placed in automobiles pursuant to federal
regulations, airbags as an occupant restraint system have been fertile
ground for litigation. The first wave of cases involved the choice of
a vehicle manufacturer not to incorporate airbags into a particular
model of automobile, the claims being that, if airbags had been
included, the injuries resulting from a collision would not have
occurred. Because the federal regulations expressly permitted vehicle
manufacturers to choose which type of passive-restraint system to use,
including a system without airbags, courts held that manufacturers
could not be held liable for failing to install airbags in a
particular model. As airbags became more common in all types of
vehicles, the products liability issue shifted to claims of improper
deployment and failure to deploy. Such cases ordinarily contain
allegations of defective manufacture, defective design, or both. The
California Court of Appeal recently decided an interesting
failure-to-deploy case, in which the relationship between the
consumer-expectation test and the risk-benefit test was cogently
described, and both tests were applied in reversing summary judgment
for the automobile manufacturer. See McCabe v. American Honda Motor
Co., ___ Cal. App. 4th ___, 123 Cal. Rptr. 2d 303 (2002) [
http://login.findlaw.com/scripts/callaw?dest=ca/caapp4th/100/1111.html
]
After holding that the consumer-expectation test, in addition to the
risk-benefit test, could be applied to the plaintiff's claims, the
McCabe court went on to hold that there were genuine issues of fact as
to whether the nondeployment of the airbag violated minimum consumer
safety expectations. In so concluding, the court noted that the
consumer-expectation test considers the expectations of a hypothetical
reasonable consumer, rather than those of the particular plaintiff.
While expert testimony is normally inadmissible to establish
reasonable consumer expectations, an exception exists when the product
is in specialized use with a limited group of consumers..."
Interesting. I decided I would see if I could locate a good definition
of the Consumer-Expectation Test for you as this seems to be at the
core of several legal discussions on airbag failures:
THE CONSUMER EXPECTATION TEST - HAS IT OUTLIVED ITS USEFULNESS?
By : Robert E. O'Malley and Christy J. Benton
www.smsm.com/pub_article_consumer.pdf
"...II.Consumer Expectation Test
The two tests generally utilized by Courts to determine defective
product design are the "consumer expectation test" and the
"risk/utility test". The consumer expectation test provides that, at a
minimum, a product is defective in design if it fails to perform as
safely as an ordinary consumer would expect. (Case examples deleted
but appear in the original document if they are important to you)
If a product is subject to the ordinary consumer expectation test of
design defect, then ordinary knowledge as to the product's
characteristics may permit the jury to infer that the product did not
perform as safely as it should." Soule,8 Cal.4that 550. Many courts
currently use the consumer expectation test when determining defective
product design claims. Years ago, states were more sharply divided on
which defective product design test they applied. There were states
that exclusively utilized the consumer expectation test for all
situations that involved product design defect, including Alaska,
California, Idaho, Illinois, Indiana, Kentucky, Missouri, New Jersey,
New York, Oregon, Tennessee, Washington, and Wisconsin (as of 1987).
However, throughout the years, this distinction has faded. In states
that once only subscribed to the consumer expectation test, courts now
look carefully at the specific facts of the case when evaluating which
test to apply.
"The consumer expectation test is reserved for cases in which the
everyday experience of the product's users permits a conclusion that
the product's design violated minimum safety assumptions." Id., at
567. In general, where the alleged defect is simple and one which the
ordinary consumer can understand based upon common knowledge, the
consumer expectation test is still often applied..."
So, at this point I would like to remind you of the disclaimer at the
bottom of this page: I am not a lawyer and Google Answers research is
not intended to be a substitute for professional advice of any kind.
That being said, it appears to me that this has been used in legal
cases to judge failure of airbags in automobiles and that the
reasonable expectation of the consumer is for them to deploy upon
impact at speeds exceeding those listed by the manufacturer as the
speed at which they should activate.
If you care to read further on the Consumer-Expectation Test, you can
follow the results of this Google query:
://www.google.com/search?q="Consumer-Expectation%20Test"
From the realm of personal opinions, I found the following articles
regarding not only airbag expectations, but fears as well:
From the Amarillo Globe News
http://www.amarillonet.com/stories/110298/opi_perils.shtml
Horsley: The perils of transportation, pens and visitors
"...Yes, I'm driving a new car now and I've got the airbag jitters.
I've never had airbags before. They make me uncomfortable, knowing
they might explode any second. What if the sensor goes haywire and
tells the airbag to inflate for no reason? Like when I'm sipping a cup
of scalding coffee? Or sucking on a pencil tip?
I don't want to think about it, but it's hard not to because of the
two permanent warning signs on my new car's visors: "Caution! Airbags
may cause injury or death!!" That's Detroit's idea of comfort for new
car buyers.
The owner's manual says the airbag inflates in 50 milliseconds.
Somewhere I read that an opening airbag moves at 160 miles per hour,
which makes sense if you want to be protected during a car crash. You
wouldn't want the airbag inflating after the crash. But it makes me
wonder what it would feel like to be hit in the face by an airbag.
If you've been in a crash and experienced airbag impact, write to me.
I might do a column entirely of airbag stories. Did the bag knock you
senseless? Save your life? How long did it take you to realize the bag
had inflated? True stories only, please...."
CBS News reports on Consumer Group response to airbag rules:
http://www.cbsnews.com/stories/2000/05/05/national/main192208.shtml
"(CBS) The Department of Transportation unveiled new standards for
testing automobile airbags Friday and also said it would change the
way it conducts crash tests.
While airbags have saved thousands of lives, they can also be fatal
for smaller drivers and others, especially those not wearing
seatbelts. The new standards lower the speed at which unbelted
passengers must be protected in a crash from 30 to 25 mph. That means
the bags can open with less force, so they are less likely to cause
injury.
Under a new rule that takes effect with the 2004 model year, auto
makers will be required to perform tests using an entire ``family'' of
auto dummies, including dummies sized to approximate 1, 3 and
6-year-old children and a small woman, as well as an average-size man.
Since 1990, airbags have killed 158 children and small adults, most
unbelted and involved in low-speed crashes...
...Consumer groups have criticized the new standards, calling instead
for a "smarter" airbag that would alter its explosive force to match
the size of the person it is protecting.
Some consumer groups want a return to the 30 mph standard, which they
say could be combined with advanced technology to stop them from
inflating at lower crash speeds.
``The people who have been killed by airbags in low-speed crashes were
killed by cut-rate airbags that manufacturers installed years ago to
save money,'' safety group Public Citizen said in a statement
criticizing the rule. ``Technology has existed for years to ensure
that airbags do not injure smaller-statured people in low-speed
crashes, but few manufacturers use it.''
I came across something that might be of interest to you - a waiver of
liability form from Dodge that requires signing to deactivate the
airbag system on their vehicles:
http://dodgeram.info/tsb/1997/08-32-97waiver.htm
At the Florida Auto Theft Intelligence Unit
http://www.fatiu.org/fatiu_hot_topics.htm
you will find an article on Air Bag Legislation that discusses theft
of these valuable devices:
"As a member of the Ft. Lauderdale Police Department Auto Theft unit,
and while attached to the Broward County Auto Theft Task Force, I had
occasion to come across many incidents involving the theft of airbags.
Vehicles were being stolen just to steal airbags, and vehicles were
being burglarized just for the airbags.
Since the inception of airbags into vehicles and now with Federal
Legislation requiring dual airbags in most vehicles, the demand for
these items has grown. The average cost for an airbag starts at about
$300.00 and can run as high as $2,000, especially having two in each
vehicle, and in some cases four..."
The article continues with the author's findings and the text of the
Florida Airbag Anti-Theft Act.
A fascinating article appears at this link, where Chrysler had sued
the parent of a 7 year old who was killed by an airbag in one of their
vehicles!
http://www.autosafety.org/article.php?did=296&scid=90
"Consumer Groups Call on CEO Juergen Schrempp to Withdraw Mean
Spirited Legal Action
DaimlerChrysler Seeks $277,000 From Parents of Daughter Killed by
Airbag
Consumer Groups Call on CEO Juergen Schrempp to Withdraw Mean Spirited
Legal Action
The Center for Auto Safety (CAS), Public Citizen and the Consumer
Federation of American on Christmas Eve called on Daimler Chrysler
Chairman Juergen Schrempp to drop a court action seeking an award of
$277,366 against Elizabeth and Robert Sanders whose 7-year old
daughter Alison was killed by an airbag in a 9.3 mph velocity change
crash in a 1995 Chrysler minivan. The groups called this a "mean
spirited and vindictive action" intended to bankrupt a family who
dared sue DaimlerChrysler and who founded Parents For Safer Airbags to
prevent similar tragedies from striking other parents..."
I sought out Parents for Safer Airbags to find the link was not
functional, at least at this time ( www.psab.org ) but it lead me to a
list of airbag links you might find informative:
Safety Forum.com
http://www.safetyforum.com/airbags/links.html
Today, considerable information is publicly available about airbags.
Here are some useful web sites:
Accident Reconstruction Communications Network:Airbags
AirBag Options, Inc.
Association for the Advancement of Automotive Medicine
Attorneys Information Exchange Group
Automobile Protection Association (APA)
Buying a Safer Car: NHTSA
Canada Safety Council
Center for Auto Safety (CAS)
Euro NCAP
Highway Loss Data Institute
IIHS: Crashworthiness Evaluations Passenger Vans
IIHS: Crashworthiness Evaluations Small Cars
IIHS: Crashworthiness Evaluations: Lrg Luxury Cars
IIHS: Crashworthiness Evaluations: Small Pickups
IIHS: Crashworthiness Evaluations Midsize 4-Dr Cars
IIHS: Crashworthiness Evaluations Midsize Utility V
Insurance Institute for Highway Safety
National Center for Statistics and Analysis
NCAP Crash Tests
NHTSA (National Highway Traffic Safety Administration
NHTSA R&D : Crashworthiness Databases
NHTSA/NCSA Project - CODES
Parents for Safer Air Bags
Society of Automotive Engineers (SAE)
Transport Canada
You can access these links for the above mentioned page.
Sensible Solutions, LLC
http://www.airbagonoff.com/
One link one this page refers to testimonial letters on their switch
to deactivate airbags and I thought you might find this an interesting
Consumer Opinion:
http://www.airbagonoff.com/testamonials.htm
"...virtual random calling of various numbers, someone gave me the
number of the company, which produced the on-off switch. The
receptionist there provided the number for Sensible Solutions, and I
immediately contacted Margaret and Robert Brown. We made an
appointment for them to come to my home, which they did, and Mr. Brown
installed the switch in my car in my driveway.
I have taken some time and pains to see that this information is
widely disseminated. One of the goals in my remaining life is to see
that as many as possible of these hideous devices are deactivated, and
before many more people are killed and maimed by them. Perhaps when
the trauma centers are filled to overflowing and the cost of keeping
turnips alive whose lives have been "saved" by airbags becomes
seriously visible these savage devices will be abandoned.
The obvious problem is that these devices were not by any means
sufficiently tested on live human beings in crashes BEFORE they were
made mandatory. Now neither the government nor the manufacturers have
the least idea how to deal with the monster they have created. It is
beyond comprehension that children can buy guns in drugstores but that
i cannot buy a car in the U.S. that does not have these horrendous
devices..."
Greg Storey has opinions on used airbags
http://www.gregstorey.com/airbag/archives/000119.shtml
"Used Airbags.
A number of you have found my site by searching for 'used airbags' via
Google, Yahoo!, or Altavista. Welcome! I hope you find something of
educational or entertainment value here.
However, I must speak to your lack of sensibilities for a moment.
An airbag is designed to prevent massive injury to you, or loved ones,
by an oncoming vehicle usually traveling at a velocity that can snuff
out a life faster than you can get search results from Yahoo..."
TroubleShooter.com
http://www.troubleshooter.com/data/columns/1_jf_airbag.html
"Automobile Airbag Disconnection
Wednesday, October 15,1997
by - Father John
When airbags first came out, in my opinion, the suggestions were made
that they were the answer to all accident problems. Unfortunately,
this is not the case. I believe the same can be said for seat belts.
However, the combination of seat belts and airbags seem to be very
important in saving the majority of people’s lives who have accidents.
However, now there seems to be problems, like with other types of
safety devices. These problems weren’t really thought about when
airbags were demanded by the American public.
The big problem is children, small children, being injured or killed
because of an airbag going off when they are sitting in the front
seat. The recommendation now is, that no children sit in the front
seat, but are placed in the rear with a seat belt or car seat.
There is a chance that if you wish, there are ways that airbags can be
disconnected. You can disconnect your airbag yourself by purchasing or
borrowing a factory shop manual for the exact make and model of your
vehicle. I have been told that this is not illegal. You must follow
the instructions fully without skipping any steps..."
At the Automotive Coalition for Traffic Safety, Inc:
http://www.actsinc.org/102795.cfm
"...When airbags were beginning to appear in the market place in 1989,
ACTS commissioned the first comprehensive public opinion survey to
gauge Americans' knowledge and attitudes about airbags. The survey
results became the basis for educational messages by ACTS and other
organizations...
http://www.actsinc.org/52096.cfm
"Survey Finds Lack of Knowledge about Importance of Safety Belt Use in
Airbag-equipped Vehicles -- Stronger Safety Belt Laws Would Increase
Belt Use
Arlington, VA (May 20, 1996) -- Most drivers who do not regularly wear
safety belts are unaware that failing to buckle up can result in
serious or fatal injuries from a deploying airbag, according to a
survey released today by the American Coalition for Traffic Safety,
Inc. (ACTS).
The survey also found that assessing driver license penalty points for
not buckling up and eliminating secondary enforcement provisions in
state safety belt use laws are the most effective ways to increase
safety belt use, which in turn would help prevent airbag injuries.
Seventy-six percent of drivers surveyed said they definitely or
probably would buckle up more frequently if belt law violations
resulted in penalty points on their driving records, while 2/3 said
they would be more likely to wear safety belts more frequently if
secondary enforcement provisions were eliminated...
...ACTS commissioned the survey to aid in its ongoing educational
activities in the wake of recent fatalities involving unbelted
passengers or improperly used child restraints in airbag-equipped
cars. The fatalities have generally occurred when unbelted occupants
have been thrown into a deploying airbag module during pre-crash
braking or when rear-facing child restraints have been placed in the
front seat of vehicle having passenger airbags...
...In the survey, fifty-two percent of drivers were not aware of
serious or fatal injuries resulting from placing rear-facing infant
restraints in the front seat of a vehicle with a passenger airbag.
Seventy-five percent had not heard about fatalities to unbelted
children who have outgrown child restraints. Sixty-four percent were
unaware of serious and fatal injuries to unbelted adults..."
You can find a wealth of airbag information on the ACTS pages by
searching there for "airbag".
At a George Washington University Conference Program page:
http://www.gwu.edu/~english/ccsc/mercogliano.htm
"Defending the Airbag:
A Smarter Approach to Automotive Safety
Anne Mercogliano
The air bag has been the center of a nation-wide controversy for
several decades. It’s high-powered potential for saving thousands of
lives has made it one of the most effective safety devices of our
time. However, as with any man-made technological device, the bag has
it’s drawbacks. Its high-speed deployment can be potentially fatal to
young children and small people. However, in our society, there is no
such thing as a flawless technology.
The air bag has already saved over four thousand lives to date. The
seat belt has also proven itself to be extremely effective in high
speed crashes, however, it is still susceptible to breakage. The
legislation that has followed the installment of the air bag fails to
bring about a solution from governmental regulation agencies, car
manufacturers, and consumer advocate groups. A compromise that
devises a solution addressing the faults of the air bag is needed from
these organizations. It’s shortcomings can not be resolved when these
companies and organizations are as uncompromising as they have been in
the past.
There are various motives that govern the companies and the individual
safety organizations. These motives have governed the positions that
they have taken in the past, as well as the legislation they choose to
accept or decline, specifically the mandatory air bag installation.
The car manufacturers are fully aware and, as a result, are not
pleased with the yearly costs that the air bag adds to their yearly
expenditures. The auto industry is proficient in their marketing
skills, as they have made the car industry one of the most wealthy and
successful industries in the world. These car manufacturers are well
aware that safety, in many cases, does not sell. The auto industry
would prefer to commercialize the high-speed horsepower offered in
their car than the automatic seat belt and the air bag. Speed is a
more profitable attribute in a car than an air bag. The high speed
horsepower will bring in more profit for them, as it has done so in
the past.
An air bag profit will come when these companies devise a “smart air”
bag that will combat it’s drawbacks and in turn, make it a more
marketable product. A smart air bag would gauge a person’s height,
weight and distance from the bag. The bag would then adjust to these
conditions accordingly to improve the safety of the situation. The
smartest air bag will meet all the needs different people bring to the
car. The bag can do this in a safe and cost-efficient manner..."
It seems there is an enormous amount of information and opinions on
airbags on the Internet . Here are a few more links I found most
interesting:
Insurance Institute for Highway Safety
Kids and Airbags
http://www.hwysafety.org/safety_facts/airbags/kids_airbags.htm
Tennesssee EDU
Safe Not Sorry
http://pr.tennessee.edu/ut2kids/airbags/airbag.html
The Future of Freedom Foundation
http://www.fff.org/freedom/1297d.asp
"Killing and Lying for Safety: Airbags and the Salvation State
by James Bovard, December 1997
Airbags symbolize the bogus paternalism that increasingly blights
Americans' lives. In order to save lives, federal regulators seem to
have granted themselves a license to kill. While airbags are sometimes
seen as an arcane consumer issue, they are actually a great lesson of
the danger of the combination of coercive power and bureaucratic
arrogance.
Airbags are essentially explosive devices installed — thanks to Uncle
Sam — in every new car's dashboard. After even a slight jolt to your
car bumper, an airbag can come smashing into your head at 200 miles an
hour. While the FBI and ATF go ballistic each time they find some
redneck with a pipe bomb, far more people have been killed by
government-mandated airbags propelled by explosive charges than by all
the pipe bombs ignited in the last 20 years.
Federal regulators knew decades ago that the devices could pose deadly
hazards to children — yet suppressed the research and slandered all
the critics of airbags as enemies of public safety. Because airbags
were officially "safety devices," the feds disregarded 1977 test
results that showed the devices mangling cadavers..."
AirBag Systems
http://www.airbagsystems.com/news.htm
"GM warns of air bag problem
General Motors has warned owners of 290,000 Buick and Oldsmobile
sedans that driver-side air bags could deploy unexpectedly, but a
recall will not begin until later this year because GM does not have
parts to fix the problem.
GM spokesman Terry Rhadigan said 60 injuries, all minor, have been
reported from 115 incidents of air bag deployment in the vehicles. The
problem affects 103,000 1995 Buick Regals and 187,000 Oldsmobile
Cutlass Supremes from 1995-96 sold in the USA and Canada..."
Strategic Safety
http://www.strategicsafety.com/library/n010106.htm
"Nissan Air Bag Secrets
Copyright © 1998 Strategic Safety LLC. Reprinted from Strategic Safety
News, Vol. 1, Issue 1, May 1998.
Holding an umbrella protective order, Nissan is claiming that its
crash tests of 1994 and 1995 Altimas shouldn't be open to the scrutiny
of the public who drive and ride in them. When the Oregon driver of a
1994 Altima ran over a curb, he triggered a series of events that
shouldn't have occurred. The air bag deployed absent a frontal crash.
The air bag struck the passenger as it was still inflating damaging
her eyes and causing blindness..."
Personal MD
http://www.personalmd.com/news/a1996102409.shtml
"Bereaved Parents Meet Officials About Airbags
NEW YORK (Reuters) -- Parents of children who died when airbags
inflated during low-speed accidents met Wednesday with National
Highway Traffic Safety Administration (NHTSA) chief Dr. Ricardo
Martinez. The parents are urging the government agency to make airbags
safer.
"People think that if they buy a car with a passenger-side airbag,
they are taking care of their children," said Robert Sanders, whose
7-year-old daughter died from airbag-related injuries suffered during
an accident. "In fact, the opposite is true." Sanders gave his comment
to MSNBC after he and 17 other parents met with Martinez in a
closed-door meeting in Washington on Wednesday..."
Air bags - beneficial or deadly? - A very good and informative
article:
http://members.rogers.com/mdaye/airbags_index.html
I could go on and on. But, in summary, it seems consumers are
concerned that although airbags have save many lives, they have also
been responsible for the taking of life - particularly with children.
As with any technology, airbags are not perfect and false deployments
occur as well as non-deployments when they are really needed. Some
believe that until the technology reaches the point where the airbag
velocity of deployment is calculated on the size and weight of the
passenger it is designed to protect, that they are safer with their
airbags deactivated. And some are concerned with the target for theft
presented by airbags as they appear to have more value than stolen
radios on the used market.
Search Strategy:
airbag +consumer OR owner +desire OR expectation OR opinion
"Consumer-Expectation Test"
I trust my research has provided you with numerous links and opinions
on consumer views towards airbags. If a link above should fail to work
or anything require further explanation or research, please do post a
Request for Clarification prior to rating and closing the question and
I will be pleased to assist further.
Regards,
-=clouseau=- |
