Suing Auto Manufacturers for Defective Airbags and Seatbelts in Nevada

Current as of: October 9, 2026 Product Liability & Defective Products Nevada
Victims of defective airbags and seatbelts in Nevada can hold auto manufacturers strictly liable for their injuries. By filing a lawsuit within the two-year statute of limitations, you can recover damages for shrapnel injuries, sensor failures, and seatbelt unlatching.

Modern vehicles are equipped with advanced safety systems designed to save lives during a collision. But when these exact safety features fail in a Las Vegas intersection crash or a high-speed rollover on I-80 near Reno, the results are catastrophic. Defective airbags and seatbelts can transform a survivable accident into a fatal tragedy. If your seatbelt unlatched upon impact, or your airbag exploded with excessive force, the auto manufacturer must be held accountable.

It is a common misconception that if another driver caused the car crash, you can only sue that driver's insurance company. In reality, if your injuries were made worse by a failing safety system, you have the right to file a separate product liability lawsuit directly against massive auto manufacturers like Ford, Honda, or General Motors. In Nevada, proving a vehicle defect requires high-level engineering expertise and aggressive legal strategies. This guide will walk you through the distinct types of safety system failures, how Nevada courts evaluate design defects, and how to find a seasoned local attorney from our US Lawyers directory to fight for your recovery.

Proving Manufacturer Liability in Nevada

Product liability lawsuits against auto giants are complex civil actions. In Nevada, you will generally file your claim in the Eighth Judicial District Court, Las Vegas or the Second Judicial District Court, Reno. A major legal advantage in this state is the "consumer expectation test," established in cases like Ford Motor Co. v. Trejo, 133 Nev. 520 (NV Supreme Court 2017), which allows a jury to find a design defective if it fails to perform as safely as an ordinary consumer would expect during a crash.

Step 1: Airbag Shrapnel and Chemical Burn Claims

Airbags deploy using a rapid chemical explosion. When manufacturing defects compromise the metal inflator housing, this explosion can shatter the metal, firing deadly shrapnel into the faces and necks of the driver and passengers. Even if the housing remains intact, overly aggressive deployment can cause severe chemical burns, broken facial bones, and traumatic brain injuries. Your attorney will subpoena internal manufacturer crash test data to prove the deployment parameters were inherently unsafe or that the chemical propellants degraded over time due to a known manufacturing flaw.

Step 2: Inertial Unlatching in Seatbelts

A seatbelt is only effective if it remains buckled during the violent forces of a crash. "Inertial unlatching" occurs when the physical force of a collision or a rollover causes the internal latch mechanism of the seatbelt to release on its own, ejecting the passenger from the vehicle. Auto manufacturers have known about the physics of inertial unlatching for decades. To win this claim, your legal team will hire biomechanical engineers to reconstruct the crash, proving that your seatbelt failed under foreseeable accident conditions and directly caused your ejection injuries.

Step 3: Defective Sensor Failures During Collisions

Sometimes the safety system itself is mechanically sound, but the software and sensors controlling it are defective. If you hit a concrete barrier head-on and your airbags fail to deploy (non-deployment), the electronic crash sensors likely malfunctioned. Alternatively, sensors can trigger a late deployment, firing the airbag a fraction of a second too late, striking the driver exactly as their head moves forward. Your lawyer will utilize the vehicle's "black box" (Event Data Recorder) to extract the exact telemetry data, proving the sensors ignored the crash impact parameters.

Step 4: Initiating the Lawsuit and Meeting Deadlines

To pursue an auto manufacturer, you must formally file your lawsuit within the strict timeframe set by Nev. Rev. Stat. § 11.190, which gives you exactly two years from the date of the accident to file a personal injury claim. Your attorney will initiate the legal process by serving the corporation with a Form Civil Summons, Nevada, Eighth Judicial District Court, Summons - CIVIL. Because the car itself is the primary piece of evidence, you must absolutely preserve the wrecked vehicle in a secure storage facility so expert engineers can inspect the defective seatbelts or airbag modules.

Legal Costs in Vehicle Defect Cases

Taking on an international auto manufacturer requires substantial financial resources, which is why product liability attorneys cover the upfront costs.

Expense CategoryEstimated Cost (Advanced by Attorney)
Attorney RepresentationContingency fee (Zero out of pocket; 33% to 40% of the final settlement).
Vehicle Storage & Preservation$150 to $300 per month (Crucial to prevent spoliation of evidence).
Biomechanical & Crash Reconstruction Experts$15,000 to $40,000+ (To prove the specific cause of the safety failure).
Event Data Recorder (Black Box) Download$1,500 to $3,500.

Time Limits and Settlement Timelines

Because auto defect cases require extensive engineering investigations and complex federal corporate discovery, they do not resolve quickly. While a standard car accident with the at-fault driver's insurance might settle in six months, a strict liability lawsuit against an auto manufacturer typically takes 18 to 36 months. Manufacturers fight fiercely to prevent setting a legal precedent that could force a nationwide recall of their vehicles.

Frequently Asked Questions (FAQ)

Can I sue the manufacturer if I was the driver who caused the crash?

Yes. The lawsuit against the manufacturer is not about who caused the crash; it is about who caused the injuries. This is known as a "crashworthiness" claim. If your negligent driving caused a fender bender, but a defective airbag exploded and blinded you, the manufacturer is strictly liable for your enhanced injuries.

What happens if the car was part of an active safety recall?

If the vehicle was under recall for the specific defect that injured you, the manufacturer might argue that you were warned and assumed the risk by failing to get it fixed. However, your attorney can fight this by investigating whether the recall notice was properly sent or if the dealership refused to fix it due to a parts shortage.

Can I sue if the defective car was bought used?

Absolutely. Strict product liability in Nevada travels with the product, not the original purchaser. As long as the specific safety system (like the seatbelt latch) was not altered or replaced with aftermarket parts by a previous owner, the manufacturer remains liable for the original defect.

What is spoliation of evidence in an auto defect case?

Spoliation occurs when the critical evidence (the wrecked car) is sold to a scrapyard, crushed, or repaired before the manufacturer's defense team has a chance to inspect it. If you allow the insurance company to scrap the car, your defective product lawsuit will likely be dismissed.


No reviews yet. Be the first to share your experience!
×
Need legal help? I'm here!
Legal AI
Assistant