QUESTION
Can I sue a car dealer for selling a car without an airbag?
Asked on Oct 28th, 2012 on Personal Injury - Texas
More details to this question:
Had a crash but the airbag did not deploy. I was not injured but I do believe that all cars used or not, need to have working airbags. And it’s been a couple months sense the accident.
10 ANSWERS
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Since you were not injured, if you sued, the company would only be required to pay what it costs to fix the air bag. If the car is totaled, or if the air bag gets fixed when the car is repaired from the accident ,this is a moot point.
Answered on Oct 31st, 2012 at 4:54 PM
You state you want to sue for the car not having an airbag and then state it didn't deploy. I am confused, did the car have an airbag that did not deploy or did it not have one at all? Did the car dealer sell you a car "with" an airbag that didn't have one? As you weren't injured in the incident, the only real damage you suffered as a result of the car "without" an airbag is if the dealer failed to sell you what he said he did. Sometimes airbags do not deploy for a reason. They are designed to deploy in different circumstances.
Answered on Oct 31st, 2012 at 4:54 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Did it not have an airbag, or did it have one but did not deploy? What was your injury? Unless you had catastrophic injuries, this would not be worth pursuing.
Answered on Oct 31st, 2012 at 4:54 PM
Ronald A. Steinberg
It depends on the year of the car. You might be able to tender the car back and get all or most of your money back.
Answered on Oct 31st, 2012 at 4:54 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No viable lawsuit. Don't jinx yourself by d'ssn your luck. Let it go. Get a new ride.
Answered on Oct 31st, 2012 at 4:53 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Airbags do not deploy in all car accidents. Also, it would not be the dealer's obligation to ensure the car's safety, it would be the auto manufacturer.
Answered on Oct 31st, 2012 at 4:53 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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What do you get for being a do gooder? Do you know how much in attorney fees it would take to handle such a lawsuit? $20000, maybe 30 to 50 if appealed. Who will pay please? If you don't have damages what will you sue for? Political discomfort?
Answered on Oct 31st, 2012 at 4:53 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is very doubtful you could to the dealer, additionally you have no damages. Used cars are generally sold as is and it is up to you to be sure that their various features, including airbags, are operational
Answered on Oct 31st, 2012 at 4:51 PM
It depends on the year of the car. Airbags were not required in cars until 1999, any car older than 1999 may not have an airbag, as it was not required to be in place.
Answered on Oct 31st, 2012 at 5:34 AM
Assault Attorney serving Richardson, TX
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The answer depends on how you bought the car, with a warranty or without ("as is"). There may be a deceptive trade practice issue.
Answered on Oct 31st, 2012 at 5:20 AM