Maybe, but the airbag, if it had deployed, could have created a bigger obstacle to your aunt escaping from the car. The manufacturer could be liable for other defects besides the failure of the airbag to deploy, such as the car going out of control and ending up in the river.

Consult a products liabiity lawyer, who can consult a forensic expert to examine the accident's details and see if your theory is supportable.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

I practice law in Illinois so to be sure, you might wish to check with a lawyer currently licensed in California. I do represent a good number of people in cases against automakers. I have learned from my work that airbags are "supplemental restraint systems" designed to minimize traumatic injuries to occupants in frontal or side collisions (if the vehicle has side airbags). I have never heard that airbags had any purpose to help float a car nor do I think that could be possible considering the physics of the situation.

What seems to be the most important question is why did your aunt's vehicle go out of control in the first place?

If your aunt's family is interested to pursue a claim, they should take all steps possible to preserve the vehicle in its present condition and document the scene carefully. Sincerely, Bruce Pfaff, Chicago

If you need anything further, please feel free to contact me.

You will need to have the car as evidence, and then you will need a firm that specializes in Airbag cases to review the case, and the evidence to determine whether you have a case. Time is not on your side, you must move swiftly to locate an attorney that sues automobile manufacturers and get them on the job immediately.

PETER :)