QUESTION
Can I sue the manufacturer for my air bag for not deploying?
Asked on Jan 30th, 2013 on Personal Injury - Florida
More details to this question:
My air bag did not deploy when I hit an embankment and rolled 3 times and was ejected out of the driver’s side window suffered a broken collar bone broken shoulder etc.
11 ANSWERS
Bankruptcy Attorney serving Cleveland, OH
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Benson Law Firm
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You may be able to sue the manufacturer, but whether you'll be able to win depends on the specific facts of your case.
Answered on Feb 04th, 2013 at 7:04 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Probably, depending on how old the car is, what the warranty on the bag/car is, whether damaged before etc etc etc. Get you a good lawyer and review the whole schemer.
Answered on Feb 01st, 2013 at 6:32 PM
Ronald A. Steinberg
Sure, bit airbags are only required to deploy when a sensor is triggered.
Answered on Feb 01st, 2013 at 10:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible that you may have a product liability claim but I would have to have many more facts before I could form a firm opinion.
Answered on Feb 01st, 2013 at 5:49 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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Assuming that your vehicle was equipped with side airbags, then you could, very well, have a case against the manufacturer for the airbag's failure to deploy, in light of your serious injuries. I highly recommend that you contact a personal injury attorney as soon as possible.
Answered on Jan 31st, 2013 at 1:10 PM
Depending upon the speed of the impact and where on the car the impact happened, you may very well have a product liability claim against the manufacturer.
Answered on Jan 31st, 2013 at 1:09 PM
That depends on the angle of impact. The air bags are designed to deploy at certain angles. It also depends on the age of the vehicle. It definitely is worth looking into a claim against the manufacturer.
Answered on Jan 31st, 2013 at 1:09 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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In short yes, however, the manufacturer will fight you tooth and nail and your burden is to establish that your injuries were aggravated by virtue of the failure of the air bag to deploy.
Answered on Jan 31st, 2013 at 1:09 PM
James Eugene Hasser
You can, but can you win? You would have to prove that the airbags did not deploy as they were designed to do. The airbags in your car may not be designed to go off with the type of impacts you had. To prove the case is very expensive and time consuming. A lawyer that handles those kind of cases will require that your injuries and damages be extremely severe in order to justify the time, money and risk involved.
Answered on Jan 31st, 2013 at 1:09 PM
The short answer: yes. However, before commencing legal action there are many questions that will need to be answered concerning the circumstances of the accident, age and condition of the vehicle, and many other factors. Products liability cases are extremely difficult, expensive and lengthy. Motor vehicle manufacturers fight these cases vigorously using the millions of dollars at their disposal to do so. For this reason most attorneys will not accept these types of cases unless the claimant has suffered catastrophic injuries and the liability is clear. The short description of your accident indicates that you could possibly have a viable case. More information is necessary for a complete determination.
Answered on Jan 31st, 2013 at 1:08 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If the criteria was met for the deployment of the airbag, then yes. For example, your airbag in the steering wheel is only supposed to deploy in a front end accident where the speed was in excess of 10 mph. If you were hit from the side, then the airbags are not expected to deploy.
Answered on Jan 31st, 2013 at 1:07 PM