Product Liability
Was a crash injury made worse by a defective vehicle? Airbag, seat belt and roof failures, Kentucky crashworthiness law, and why to save the car.
Reviewed by Larry Forman, Attorney
Most crashes start with a driver's mistake. But some injuries end up far worse than they should have been because a defective vehicle failed to protect the people inside. An airbag that never deployed, or fired with too much force. A seat belt that came unlatched. A roof that collapsed in a rollover. A fuel system that caught fire in a crash the occupants should have walked away from. In Kentucky, a failure like that can support a claim against the company that built the vehicle or the part, in addition to the claim against the driver who caused the crash.

A crashworthiness claim, sometimes called an "enhanced injury" or "second collision" claim, doesn't say the defect caused the crash. It says the defect made the injuries worse. The first collision is the car hitting something. The second is the occupant hitting the inside of the car, or being thrown out of it, because a safety system didn't do its job.
Kentucky's Supreme Court described the claim in Toyota Motor Corp. v. Gregory, 136 S.W.3d 35 (Ky. 2004): the claim "is that the design of the vehicle failed to reasonably protect the occupant in a collision." The Court listed the three things a plaintiff has to show, the same elements federal courts in Kentucky use:
A car doesn't have to be crash-proof. The question is whether it gave the protection a reasonably safe design would have given in that crash.
These are the problems we see most often in defective vehicle cases:
Other defects cause the crash itself: brake failure, sudden acceleration, loss of steering, tire tread separation, or a driver-assistance feature that steers or brakes at the wrong moment. Those are product liability claims too, just not "crashworthiness" claims. For automated features, see our self-driving car crash lawyer page.
Kentucky's Product Liability Act covers "any action brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formulation, … testing, … warning, instructing, marketing, … or labeling of any product" (KRS 411.300(1)). In a vehicle case, that can include:
Dealers are a narrower target. A dealer that sold the vehicle in the condition it arrived in generally isn't liable for the defect when the manufacturer is identified and can be sued in Kentucky, unless the dealer breached an express warranty or knew or should have known the vehicle was defective (KRS 411.340).
When several parties share the blame, Kentucky's comparative fault statute lets the jury assign each one a percentage (KRS 411.182). Our Kentucky negligence law guide explains how that works.
Expect these defenses:
A defective vehicle case is usually won or lost on the vehicle itself. The problem is that insurers move fast. A badly damaged car is often declared a total loss, moved to a salvage yard and sold at auction within weeks. Once it's crushed or shipped out of state, the airbag module, belts and wiring are gone.
Event data also matters for the other driver's share of fault. In a speeding crash, for example, the recorder can show how fast each car was going.
Check the vehicle's VIN on NHTSA's recall lookup. Recall repairs are free at a dealer. An open recall for the part that failed is strong evidence, but it isn't required: many defects are never recalled, and a recall doesn't automatically prove the defect caused your injuries. Consumer complaints and investigations in NHTSA's database can show what the manufacturer knew. If you were driving a rental with an open recall, see our rental car accident page.
For people hurt in a crash, Kentucky's Supreme Court has held that the no-fault law's two-year deadline can apply to claims against someone other than the drivers. In Bailey v. Reeves, 662 S.W.2d 832 (Ky. 1984), the Court used a brake failure as its example: a crash victim "may have claims against a motorist, a garage repairman, and an automobile manufacturer," and it would make little sense to give them different deadlines. The two years run from the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). See how Kentucky PIP works.
Don't count on the full two years, though. A spouse's loss of consortium claim has only one year. Vehicles that don't count as "motor vehicles" under the no-fault law, like many ATVs, follow the one-year personal injury rule. And manufacturers sometimes argue for the shorter deadline. We plan these cases around one year. Our statute of limitations guide lists the other deadlines.
We move first on the car. We send preservation letters, arrange for the vehicle to be stored, and have engineers inspect it and download its data before anything is lost. We research recalls, complaints and the design of competing vehicles to find the safer alternative Kentucky law requires. Then we pursue every responsible party: the driver who caused the crash, the manufacturer, the part supplier and any repair shop. These cases are often tried, so we prepare them for trial from the start. Larry Forman has tried 50+ jury trials and won 95% of them. Learn more about Larry Forman, see our case results (past results don't guarantee a similar outcome), or return to our product liability lawyer page.
If a defect led to a death, see our wrongful death lawyer page. For head injuries from a failed airbag or belt, see our traumatic brain injury lawyer page.
Possibly. Many crashes are below the speed at which an airbag is designed to fire. If yours should have deployed and didn't, and that made your injuries worse, you may have a claim. The airbag module's data is key.
A regular defect claim says the defect caused the crash, like brakes that failed. A crashworthiness claim says someone else caused the crash, but a defect made the injuries worse.
Ask in writing that the car be held, not sold or crushed, until it's inspected. Talk to a lawyer before you sign over the title, because the insurer will control the evidence once it owns the car.
Not by itself. An open recall for the part that failed is strong evidence, but you still have to show the defect caused or worsened your injuries. Many defects are never recalled.
You can still bring a claim. In Kentucky it isn't negligence by itself, but the manufacturer can try to prove the missing belt made specific injuries worse and ask the jury to reduce damages for that share.
Often two years from the crash or the last PIP payment, under Bailey v. Reeves. Some related claims have one year, and manufacturers may argue for it, so talk to a lawyer well within the first year.
Let's find out whether the vehicle failed you. Get a free case evaluation or call (502) 931-6788. No fee unless we win.
This page is general information about Kentucky law as of October 2026, not legal advice.