Arkansas Product Liability Action Settles Over Defective Airbag

A driver filed a product liability action in the United States District Court for the Western District of Arkansas after her vehicle, manufactured and sold by the defendants, overturned and its airbag reportedly failed to deploy. The plaintiff alleged that the airbag's failure caused serious injuries, pain and suffering, mental anguish, medical expenses, and economic loss. She asserted that the defendants were negligent in manufacturing and selling a defective product.

The lawsuit included claims for negligence, strict liability, breach of express warranty, breach of implied warranty of merchantability, and breach of implied warranty of fitness for a particular purpose. The defendants, Nissan North America, Inc., and Nissan-Infiniti LT, denied the allegations and raised affirmative defenses, citing the economic loss doctrine, statutes of limitations, and third-party negligence, among others. The plaintiff later dismissed Nissan Motor Co. Ltd. from the action without prejudice. Subsequently, the plaintiff, Nissan North America, Inc., and Nissan-Infiniti LT settled their claims, resulting in the dismissal of the action with prejudice.