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Lawsuit Says Hyundai Airbags Fail to Deploy

Disturbing trend for Korean automaker

By Jon Hood
ConsumerAffairs.com

November 18, 2009

The suit, filed by Ohio residents Christopher and Nancy Kearney, says that the Kearneys' 2006 Sonata sedan automatically disabled the airbag when Nancy sat in the front seat, despite the fact that she weighs approximately 115 pounds.

Rob Carey, an attorney with Hagens Berman Sobol Shapiro, said in a statement that Hyundai was aware of the problem but "failed to recall the cars and make certain the problem was fixed to ensure people are safe in the cars that Hyundai sold." Hyundai's actions "put thousands of consumers like the Kearneys at risk," Carey said.

Carey claimed that Hyundai received complaints about the problem years ago but failed to disclose it to consumers. The firm said it has received complaints from several Hyundai owners who said their cars' airbag systems deactivated after mistaking an adult -- one as heavy as 130 pounds -- for a child.

Overly cautious

Ironically, the defect may have resulted out of an abundance of caution in the wrong direction. The highest-profile airbag deaths over the past few decades have been those of children sitting in the front passenger seat when the airbags deployed. As of 1997, 49 children had been killed in such a situation, and another 19 had suffered serious injuries. Airbag weight sensors, which use the passenger's weight to determine whether an airbag should be deployed, were introduced in an effort to stem this trend.

But the downside may be that the sensors are too acute, and may mistake small adults for children. The National Highway Traffic Safety Administration (NHTSA) notes on its website that "Many advanced frontal air bag systems automatically turn off the passenger air bag when the vehicle detects a small-stature passenger or child."

Newer technological advances allow airbags to adjust the speed and extent of their deployment depending on the size and weight of the driver or passenger. Some cars without rear seats, primarily trucks and sports cars, come equipped with an airbag "on/off switch," allowing passengers to completely disengage the airbag and minimize the risk of children passengers being injured or killed by the device. Certain individuals, such as those with medical conditions or who are especially short, can apply to NHTSA to have an aftermarket on/off switch installed.

The Kearneys' suit covers all Hyundai vehicles for model years 2006 through 2009, about 1.3 million cars in all. They allege breach of warranty, violation of the federal Magnuson-Moss Warranty Act, and violations of several California consumer protection laws.

A number of Hyundai owners have written to ConsumerAffairs.com to complain that of airbag defects similar to the Kearneys'. Dawn of Greensboro, NC wrote:

"Bought a 2008 Hyundai Santa Fe. Passenger side airbag does not register me. I am 5'3" 105 pounds. Took to both dealers and they state their is nothing they can do about. Tell me to restart car and sit perfect. DO that and it still does not work. So basically sit like a statue even when your driving on long trips? I told one dealership Hyundai has a huge lawsuit coming when someone dies for airbag not deploying. Currently awaiting for a part for drivers side airbag because right now that is not working either!"

The wife of Brian of Granite Falls, WA suffered severe injuries when her Sonata failed to deploy its airbag:

"My wife was driving toward an intersection when a F-250 Ford pickup came out of an alley way on her left, striking the drivers door of our 2009 Sonata, pushing the door & door pillar about a foot into the drivers sest at chest level totaling our car, (car had 5000 miles on it), no air bags deployed, the roof, rear door & quarter panel were also damaged. Hyundai said air bags worked properly? My wife has 8 broken ribs, had a collapsed lung, back & neck pain, two days in ICU, and one week in the hospital, was home eight weeks before she could go back to work part time, our medical insurance was used up in the emergency room, we have'nt received all the medical bills yet but am told will be in the hundred thousand range."

Despite the disturbing pattern alleged in the Kearneys' suit and in the above complaints, airbags' benefits still vastly outweigh their dangers. To minimize the risk of injury, it is imperative to buckle your seat belt and not sit too close to the steering wheel or dashboard.

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