Airbags that kill: Can manufacturers be found guilty of a criminal offence?

• Published date: 05 June 2023
• Subject Matter: Criminal Law, Crime
• Law Firm: Sydney Criminal Lawyers
• Author: Mr David McCulloch
• topic: Aeronautics,Corporate / Commercial,Civil Procedure,Product Liability Law,Consumer Law

This article refers to a recent Australian announcement of yet another fatal airbag concern, and although the investigation is in its early stages, we shall explore the company involved and revisit the previous situation with the Japanese company Takata corporation, which then saw over three million Australian vehicles recalled so the dangerous component in airbags could be replaced.

We will look in detail at the technicalities involved with the defective parts of an airbag in relation to the current issues being investigated by Australia, and explore the reasons why this became such a dangerous issue over more than two decades.

This was despite opposition to the preferred chemical of the potentially offending companies expressed by experts.

Perhaps, it is suggested, profit was put ahead of safety; which raises the question of whether corporations may have committed the offence of criminal negligence or even manslaughter for allowing dangerous airbags to be installed into vehicles.

But first, let's look at a brief history of the airbag.

What is an airbag?

Airbags are a form of safety restraint systems for motor vehicles, essentially designed to prevent death and serious injury in the event of a collision.

They contain cushions which are inflated by gas and are built into the steering wheel, dashboard, roof and/or seats etc.

Indeed they can be built anywhere that an occupant of a vehicle may be harmed, including the seatbelt itself. The system is activated on collision by a crash sensor which triggers a rapid expansion of nitrogen gas which inflates the cushion and protects the occupants from hard surfaces.

There is also a system whereby in certain circumstances a pedestrian may be protected.

There is no doubt that airbags save lives. Just the comparison between the average time it takes for a collision to occur and the response time of airbag deployment to its fullest is what determines how safe occupants of a vehicle will be. Such times are calculated in milliseconds.

That is the reason why it is essential that compromised components within the structure of airbags are investigated to its fullest by both experts and governments in tandem, in order to ensure our loved ones survive in the event of a collision.

Evolution of airbags

Two men in particular can claim to be the inventors of the vehicle airbag dating back to the earlier 1950s. One was an industrial engineer with the US navy, John W. Hetric and the other was a German engineer, Walter Linderer. Prototypes were developed and consisted of an inflatable bag connected to a tank of compressed air.

In the American's version it consisted of a spring set-up activating valves within the tank thereby releasing air to inflate the airbag.

Whilst in the German's case activation occurred by bumper impact or driver assisted. The flaws were that the systems had trouble sensing the impact meaning the airbag may not inflate and, in any case, compressed air did not inflate the airbag sufficiently even when activated. Sadly the invention was insufficient for consideration of production. The seed was sown though.

During the ensuing years automakers and inventors alike worked on the process knowing that for a system to be successful accurate sensors and chemical intervention were integral.

1967 saw a breakthrough when another American engineer, Allen K. Breed came up with a solution using a chemical called sodium azide which converted to nitrogen gas capable of adequately inflating the airbag. Whilst it proved viable and the airbag became a safety addition to vehicles in the 1970s it was to be some years later that it became a mass-produced commodity. T

hough in 1964 Japanese auto engineer, Yasuzaburou Kobori appeared to be on a similar path when he patented his invention, unfortunately passing before being acclaimed.

A special mention must also be given to two British dentists who in 1919 patented the first ever airbag but not for motor vehicles. The airbag was developed for military aircraft to prevent pilots breaking their jaws on impact.

Profit again became a stumbling block

The airbag technology was initially embraced as it was not yet compulsory to wear seatbelts but many automakers determined that the added cost of airbags increased the price of vehicles and an anti-airbag movement appeared to gather momentum.

The sales of car would be affected and anyway the chemical sodium azide was deemed dangerous and after several incidents with airbags resulting in deaths it seemed to indicate the death knell for airbags.

This is no longer the case as the world has accepted that airbags are integral to safety on the roads. We must ensure that those sentiments are honoured by manufacturers of airbags and their components.

The current danger

This month sees another airbag risk to Australian motorists amongst many more the world over. Airbags which save lives and prevent serious injury and deaths in vehicles across the world has seen the US National Highway Traffic Safety Administration (NHTSA) ordering the recall of 67 million airbag inflators manufactured by ARC Automotive. These are fitted to about a...