QUESTION
Can a large corporation like Nissan be sued if airbags failed leading to constant pain in everyday life?
Asked on Oct 25th, 2012 on Personal Injury - Montana
More details to this question:
Accident occurred in August 2010. I was uninsured at the time due to human error on my part. I was hospitalized for 9 days. I suffered head trauma and severe pain in neck and lower back. I was hit on right side then pushed into a pole on driver side (like a sandwich). Airbags went off on passenger side but not drivers side. My head it the pole (I think) which lead to unconsciousness. Do I have a case? Is there a law firm that would take on such a case? 2 years later and I’m still suffering affects from accident.
10 ANSWERS
Ronald A. Steinberg
In order for an airbag to deploy, the sensors must be activated. Sometimes, a collision does not activate the sensors. So, it may or may not be Nissan's fault. You need an expert engineer, which will cost you big bucks. So, unless you were maimed, paralyzed or killed, you probably will not find lawyers lining up to take your case.
Answered on Oct 29th, 2012 at 6:59 PM
You should consult with a lawyer who handles defective product liability cases for specific legal advice.
Answered on Oct 26th, 2012 at 3:06 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You are talking apples and oranges here? someone caused you this injury. Sue them. if the airbags failed and the medical testimony is that your injury was caused by that failure you may have a claim against the manufacturer, depending upon circumstances which don't appear at this point. see a good personal injury lawyer and get his advice.
Answered on Oct 26th, 2012 at 3:06 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, they can be sued but it's not easy. Airbag cases are difficult and expensive. Insurance companies and self-insured corporations will not settle easily, if at all. You will need to have an expert witness, accident reconstruction and a lawyer who is experienced in airbag cases. Unless your injuries are catastrophic, it may not be possible to go forward as a logistical matter, regardless of legalities
Answered on Oct 26th, 2012 at 3:05 PM
Criminal Defense Attorney serving New York, NY
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Graber Law Firm
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You may well have a case if it was due to a defect present in the car, rather than a maintenance failure of if there was some other reason the airbag did not inflate (such as a sensor in place that indicated you were not wearing a seat belt). You would also have to bring an action before the applicable statute of limitations expired.? In any event, a law firm such as ours would need to analyze the specific facts surrounding your case during a consultation.
Answered on Oct 26th, 2012 at 3:05 PM
Thomas Edward Gates
This may be a product liability matter. The statute of limitation may work against you.
Answered on Oct 26th, 2012 at 3:05 PM
Assault Attorney serving Richardson, TX
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Yes they can under a products liability theory. I is very important that you get legal help as soon as possible to avoid statute of limitations problems.
Answered on Oct 26th, 2012 at 3:05 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Were you cited for DUI? Single vehicle crash? You have three years to file a lawsuit in Montana. Other states vary. Unless you are a quadriplegic the costs of pursuing your case would likely prevent you from finding a lawyer.
Answered on Oct 26th, 2012 at 3:04 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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The difficulty is you only have two years from the date of loss to file a claim and if the anniversary was in August, absent some creative allegations in the complaint you waived your right to pursue the tort claim against Nissan. However, breach of contract is a 4 year statute of limitations and may want to consider that claim, but typically cannot get damages for personal injuries in claim for breach of contract.
Answered on Oct 26th, 2012 at 3:04 PM
From the information you have given, it appears you are too late. There is a 2 year statute of limitations on personal injury cases (including product liability). The other issue would be, since you were uninsured, you might have been precluded from claiming pain and suffering. Some other attorney may have a different opinion. I have taken on the auto manufacturers before and those are very time and money intensive cases.
Answered on Oct 26th, 2012 at 3:04 PM