General Motors faces another recent airbag failure to deploy lawsuit, filed in New York federal court. The woman alleges that because of the airbag’s failure to deploy, she sustained serious physical injuries.

Plaintiff Margaret P. filed this claim on Feb. 20, 2018 against the automotive giant. Some of the injuries claimed in her airbag failure to deploy lawsuit include a wrist fracture, rib fractures, and a bilateral ankle fracture.

According to the GM lawsuit, on Feb. 20, 2017 Margaret was driving a 2006 Buick Lucerne that was involved in a motor vehicle accident on a road in Memphis, Tenn. She says that due to defects in the GM ignition switch, that switch inadvertently turned to the “accessory” or “off” position.

The car then ended up in a frontal crash in which the airbags failed to deploy, she claims.

Margaret says the accident and her resulting injuries are attributable to the company’s negligence in the design and manufacture of the ignition switch. She claims that because of her injuries, she will have to incur future medical expenses and will continue to “endure pain and suffering and loss of enjoyment of life.”

The airbag failure to deploy lawsuit was filed on multiple counts including strict liability, negligence, fraudulent misrepresentation/fraudulent concealment, and breach of implied warranty.

Margaret demands a trial by jury.

Filing an Airbag Failure to Deploy Lawsuit

GM has faced an astounding amount of litigation pertaining to its ignition switch defect, affecting some 2.5 million vehicles. The defect has been blamed for airbags in some consumer vehicles failing to deploy.

According to Margaret’s GM lawsuit, the malfunction affecting the ignition switch causes a vehicle to suddenly shut down and turn into an “off” position. The ignition switch defect could cause the switch to easily change positions, even with just the weight of a heavy keychain or a bump from a knee.

When the engine shuts down, power to the electrical systems is cut off, preventing airbags from deploying in the event of an accident.

GM recalled affected vehicles, roughly 2.6 million cars, in 2014 admitting to the discovery of the ignition switch defect. Some of the vehicles affected by the GM ignition switch recall include all 2005- 2010 Chevrolet Cobalt, 2007-2010 Pontiac G5, 2003-2007 Saturn Ion, 2006-2011 Chevrolet HHR, 2006-2010 Pontiac Solstice, and the 2007- 2010 Saturn Sky.

According to the Los Angeles Times, a review by the Center for Auto Safety linked some 300 deaths to the ignition switch defect. Documents released and reported by the Wall Street Journal claim that GM reportedly knew of the defect since 2001.

In September 2015, the company opted to pay out $900 million in a settlement agreement to the Department of Justice and admitted to criminal wrongdoing and concealment. The company has also paid more than $2 billion to settle claims against shareholders, federal prosecutors, and consumers.

The company attempted to shield itself from lawsuits by claiming immunity through its filing of bankruptcy. However, a federal appeals court has since denied that request, allowing many claims to go forward based on the actions of the pre-bankruptcy “Old GM”.

The Airbag Failure to Deploy Lawsuit is Case No.1:18-cv-01528-JMF, in the U.S. District Court for the Southern District of New York.