Airbags work. NHTSA credits frontal airbags with saving 50,457 lives from 1987 through 2017. That is the most recent year the agency published a cumulative figure.
A defective airbag is a different story. Inflators rupture and bags fire with no crash at all. Counterfeit replacement parts have killed people who never knew what sat in their steering column.
Below, we explain which claims Georgia law permits. We also cover the two recalls still unfolding and the newest hazard, which involves no manufacturer at all.
What Makes a Defective Airbag Claim Different
One wrinkle exists here that other product cases do not have. Federal regulation reaches airbags directly through FMVSS 208, and that creates a preemption argument.
The Supreme Court addressed it in Geier v. American Honda Motor Co., 529 U.S. 861 (2000). A plaintiff argued a 1987 Honda was defective for lacking a driver’s airbag. That “‘no airbag’ lawsuit conflicts with the objectives of FMVSS 208 and is therefore pre-empted,” the Court held.
Reading stopped there for years. A later decision narrowed things considerably.
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 246-2656Why Geier Reaches Less Than Defendants Suggest
Williamson v. Mazda Motor of America, 562 U.S. 323 (2011), refined the test. A manufacturer’s choice is not enough by itself.
The Court drew the line precisely. “Like the regulation in Geier, the regulation here leaves the manufacturer with a choice.” Yet “unlike Geier, we do not believe here that choice is a significant regulatory objective.”
So the question is narrower than it sounds. Preserving manufacturer choice must have been a genuine federal goal, not merely a feature of the rule.
Timing matters even more. FMVSS 208 has required frontal airbags in passenger cars since model year 1998. A “no airbag at all” claim about a modern vehicle is therefore moot rather than preempted.
Why Federal Compliance Is Not a Defense
Congress wrote this into the statute. Under 49 U.S.C. § 30103(e), compliance with a federal safety standard “does not exempt a person from liability at common law.”
FMVSS 208 also sets performance, not parts. Nothing in it specifies a propellant or an inflator design. A duty not to sell a rupturing inflator therefore conflicts with no federal objective.
The Takata Inflators Still on the Road
Scale here is hard to absorb. Recalls now cover roughly 67 million Takata inflators across 19 manufacturers.
The mechanism explains the danger. NHTSA describes propellant that degrades “when exposed to high heat and humidity over time.” It can then “rupture and send metal shrapnel into vehicle occupant compartments.”
Georgia’s climate is exactly the problem. Heat and humidity drive the degradation.
Casualties keep climbing. As of February 2026, NHTSA confirmed 28 deaths in the United States and at least 400 reported injuries. The agency warns that “even minor crashes can result in exploding Takata air bags.”
Millions remain unfixed. Carfax estimated in September 2026 that about 4.7 million U.S. vehicles still carry an unrepaired Takata inflator.
Why Some Owners Are Told Not to Drive
“Do Not Drive” is not marketing language. NHTSA and manufacturers issue it when the rupture risk is extreme.
February 2026 brought one covering roughly 225,000 unrepaired Stellantis vehicles. Models span 2003 through 2016, including the Dodge Ram, Durango, Charger and Challenger, Chrysler 300, and Jeep Wrangler.
Earlier warnings still stand. Ford and Mazda issued them for more than 457,000 vehicles in August 2024. NHTSA maintains them for certain 2001 through 2003 Honda and Acura models as well.
What Is Happening With ARC
Here accuracy matters, because the internet gets this wrong. No recall covers ARC inflators.
NHTSA issued an initial decision in September 2023 and a supplemental one in August 2024. Those documents describe roughly 51 million inflators in about 49 million vehicles.
The alleged defect differs from Takata’s. Weld slag from the manufacturing process can block the inflator’s exit orifice, causing over-pressurization and rupture.
Proceedings continue. No final recall order has issued, so anyone claiming otherwise is ahead of the agency.
When an Airbag Fires With No Crash
This happens, though not randomly. Identified faults cause it.
April 2026 produced a clear example. Honda recalled 440,830 Odyssey minivans from 2018 through 2022. The control module “contains incorrect deployment parameters” that “may cause inadvertent deployment when the vehicle encounters strong road impacts.”
Translate that plainly. Potholes and rough pavement could fire the side airbags, and Honda reported 25 injuries.
Electrical faults do it too. Mercedes-Benz recalled 495,290 vehicles in 2017 where a broken clockspring plus electrostatic discharge could deploy the driver’s airbag unexpectedly.
When an Airbag Does Not Fire
Non-deployment feels like proof of a defect. It is not, and understanding why protects a real claim from a weak one.
NHTSA states the design intent directly: “Air bags are not intended to deploy in all crashes.” Frontal bags generally deploy in crashes equivalent to striking a fixed barrier at 8 to 14 mph or higher.
Investigation separates the two. The control module data, the crash severity, and the component condition answer whether the system should have fired.
The Counterfeit Inflator Problem
This newest hazard involves no automaker at all. NHTSA announced on that a banned Chinese inflator had killed an eleventh person in the United States.
Eleven deaths and three severe injuries now trace to these parts. Rather than inflating, the agency says, “these inflators explode, sending large metal fragments into drivers’ chests, necks, eyes and faces.”
Enforcement was unusual. NHTSA banned importation and sale of the DTN60DB inflators. The agency called that its first such ban in more than two decades.
Named vehicles include common models. The Chevrolet Equinox, Chevrolet Malibu, and Hyundai Sonata appear in the agency’s release.
Why a Used Car Changes the Defendant
An airbag deploys once. After a crash, somebody has to replace it.
Two failures happen at that point. The airbag never gets replaced, or a cheap counterfeit goes in instead.
Responsibility shifts accordingly. A seller who concealed a missing replacement faces a claim the automaker does not. So does a shop that installed a counterfeit.
Buyers of previously wrecked cars should take this seriously. NHTSA urges owners to confirm genuine parts. It also suggests a history report where a vehicle had an airbag deployment since 2020.
Why Georgia’s Ten-Year Clock Matters
Georgia imposes strict liability on manufacturers under O.C.G.A. § 51-1-11(b)(1). Subsection (b)(2) then bars any such action ten years after “the first sale for use or consumption.”
Do the arithmetic on inflator dates. Many recalled units left the factory long enough ago to close that window. A case then shifts toward negligence, failure to warn, or a different defendant.
Sellers get separate treatment. Under § 51-1-11.1, a product seller that did not manufacture the item “is not a manufacturer … and is not liable as such.”
Talk to a Fayette County Injury Lawyer
Shane Smith Law identifies the inflator, the recall status, and the repair history before deciding who belongs in a case. Call (980) 246-2656 for a free consultation.
