Ford Maverick Defective Side Curtain Airbags Class Action

Side curtain airbags are meant to protect people inside a vehicle when it’s involved in a sideways crash or a rollover. But the complaint for this class action alleges that the Safety Canopy side curtain airbags installed in certain Ford Motor Company vehicles are defective and, instead of preventing injury during a crash, may increase the risk of it. The complaint alleges that Ford does not yet have a fix for the defect.

The class for this action is all persons in the US who bought, leased, or owns a 2022 Ford Maverick or any other Ford vehicle equipped with the Safety Canopy side curtain airbags. The subclass is all persons in the above class in New York.

Safety Canopy side curtain airbags pop out during side crashes or rollovers. The complaint quotes the Maverick owner’s manual as saying, “The Safety Canopy inflates between the side window area and occupants to further enhance protection provided in side impact crashes and rollover events.” They are designed to prevent injuries and keep drivers from being ejected from the vehicle.

Rollovers are particularly dangerous kinds of accidents, the complaint alleges, saying that “the fatality rate in the rollover situation has been over 30%.”

Federal Motor Vehicle Safety Standards, as quoted in the complaint, state that when the side curtain airbags deploy, “the most outboard surface of the ejection headform must not displace more than 100 millimeters [4 inches] beyond the zero displacement plane.” That is, the airbags must not allow large gaps between the airbag and window opening that might allow an occupant in the vehicle to be partially or fully ejected.

The complaint also quotes the National Highway Traffic Safety Administration as saying that the restriction to 100 millimeters also helps ensure that the airbag is not too “pliable or elastic” in which case it might allow an occupant’s head and shoulders to stick out of the window even without a gap.

Unfortunately, the complaint alleges that the front-row side curtain airbags can be displaced by as much as 112 millimeters, which is more than the federal requirement and Ford’s Acceptance Criteria of 93.1 millimeter. Because of this, Ford has decided to recall 2022 Ford Mavericks that have this problem. But the complaint claims the problem has not yet been solved.

According to the complaint, Ford is not certain as to when it can replace the airbags. It has been aiming for January 2023, but the complaint alleges it’s not clear Ford can meet this deadline. “Further,” the complaint claims, “given that Ford has not been able to identify the ‘root cause’ of the Airbag Defect, it is unclear whether replacing the side curtain airbags would fix the issue.” Since Ford is not providing replacement rentals in the meantime, owners and lessees must drive unsafe vehicles or stop using the vehicle entirely.

Article Type: Lawsuit
Topic: Automobile
Tags: Defective Airbags, Defective Automobile