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Airbag failed in my Juneau work crash can I sue them and file comp?

The worst mistake is letting the vehicle get repaired, scrapped, or sent back before the failed airbag, seat belt, sensor, or module is preserved.

If this happened in Juneau during holiday-weekend traffic and you were working, the answer depends on who supplied the vehicle or part and what failed.

Situation 1: You were on the job in a company vehicle. You can usually pursue two separate claims: Alaska workers' compensation and a third-party product liability claim.

Your boss telling you to "use your own insurance" does not replace workers' comp if you were injured in the course of work. In Alaska, you generally must give notice of a work injury within 30 days under AS 23.30.100. A formal workers' comp claim is generally due within 2 years under AS 23.30.105. The agency is the Alaska Workers' Compensation Board through the Division of Workers' Compensation.

Workers' comp covers benefits regardless of fault. A product case targets the manufacturer, and sometimes the seller or installer, if a defective airbag, brake part, tire, or restraint system caused or worsened the injury.

Situation 2: The part was installed or repaired incorrectly. If a Juneau shop, fleet contractor, or dealer installed the part wrong, the installer or repair shop may be liable along with the manufacturer. That is usually not just a "bad product" case; it can also be a negligent installation case.

Keep:

  • the vehicle unchanged if possible
  • repair invoices and work orders
  • recall notices
  • crash photos
  • the police report, especially if Juneau Police Department or Alaska State Troopers documented the failure

Situation 3: There was already a recall. A recall does not automatically decide the case, but it is powerful evidence. Check NHTSA recall records immediately. If the airbag should have deployed and did not, or deployed violently and caused extra harm, Alaska product claims can proceed under strict liability, meaning you do not have to prove the manufacturer was careless in the ordinary negligence sense.

For most Alaska injury lawsuits, the filing deadline is generally 2 years under AS 09.10.070. That deadline can run while everyone argues over comp, insurance, black ice, moose avoidance, or whether a drunk driver also contributed.

by Linda Bergstrom on 2026-03-23

The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.

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