QUESTION
Can I sue the manufacturer if the airbag did not work in the accident?
Asked on Nov 01st, 2011 on Personal Injury - Louisiana
More details to this question:
Can you sue the manufacturer for airbag not coming out in accident?
21 ANSWERS
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Yes under certain conditions.
Answered on Jun 02nd, 2013 at 10:31 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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Yes. And the dealer.
Answered on Jun 02nd, 2013 at 10:31 PM
General Practice Attorney serving Indianapolis, IN
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Broad Law Firm, LLC
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Assuming the incident occurred within the applicable statute of limitations (2 years in Indiana), you can sue the manufacturer of an airbag and/or vehicle with a faulty airbag for injuries sustained when an airbag fails to deploy. The difficulty you will face is whether the wrecked car still exists for the company to inspect. You also will have to prove more than just that the airbag did not deploy. You will have to prove by a preponderance of the evidence that the air bag was defective in some manner that caused it not to deploy.
Answered on Feb 17th, 2012 at 12:29 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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That depends on a variety of factors. Try to find an attorney that handles airbag cases and they can guide you.
Answered on Nov 08th, 2011 at 8:30 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say you were injured. If you were injured as a direct result of the airbag not deploying you may have a claim against the manufacturer. Airbag is basically designed to keep you from being thrown out of the car or through a window. It is not designed to insure there will be no injury in a crash.
Answered on Nov 03rd, 2011 at 10:53 PM
Consumer Law Attorney serving Denver, CO
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Chalat Hatten & Banker PC
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You would have a viable claim only if you suffered an injury because of the failure of the airbag to deploy as it was so designed.
Answered on Nov 03rd, 2011 at 9:03 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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Yes, this would be a product's liability action and you should consult with a product's liabilty attorney for further assessment of your case.
Answered on Nov 02nd, 2011 at 4:16 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes. But, you have to preserve the evidence, meaning hold onto the car. If the car is gone then so is your case. Then hire a lawyer and have the car inspected by an expert to try to figure out what happened.
Answered on Nov 02nd, 2011 at 2:48 PM
Bankruptcy Chapter 11 Attorney serving Dacula, GA
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Chronister Law Firm, LLC
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This would fall under tort law in the realm of products liability. These types of cases are difficult to litigate and are costly. Finding out if the manufacturer has put out notices of defects relating to the airbags would be extremely helpful, or other cases involving the same manufacturer. Note that you have a 2 year statute of limitations for personal injury claims.
Answered on Nov 02nd, 2011 at 1:35 PM
It is possible to bring a product liability suit against a car manufacturer for a faulty air bag. Whether there is a cause of action will depend on the facts of the accident, the strength of the impact, and the damages it caused. You should consult with a personal injury attorney or a products liability attorney to determine the strength of your claim.
Answered on Nov 02nd, 2011 at 1:29 PM
The answer to your question would depend on the type of accident, and why the airbag didn't employ. Talk to an attorney who specializes in this type of case.
Answered on Nov 02nd, 2011 at 1:08 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I get this question a lot. Trying to go after an automobile manufacturer is like having a fistfight with the Empire State Building. Go on-line and see if you can contact some law firm that says on it's website that they go after auto manufacturers or that they take on air-bag cases.
Answered on Nov 02nd, 2011 at 9:45 AM
Assault Attorney serving Richardson, TX
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It is possible. The age of the vehicle and weather under warranty or not are critical. If there is to be a products liability case will depend on these issues as well as the test that must be done on the airbag. Be sure to preserve the car where the attorney can have it evaluated.
Answered on Nov 02nd, 2011 at 9:22 AM
Gary Moore
You can. An airbag expert must be hired in order to have a valid claim.
Answered on Nov 02nd, 2011 at 5:07 AM
Personal Injury Attorney serving Spanish Fork, UT
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Utah Legal Team
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Maybe. The first question to ask is whether or not there has been an injury. If no one is hurt because the airbag did not deploy it will be difficult to find an attorney anywhere to take your case. Product liability cases are very expensive and unless you sustained significant injuries it will be difficult to pursue this matter.
Answered on Nov 01st, 2011 at 11:16 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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Were you hurt in the accident? Would you not have been hurt if the air bag had deployed? These questions have to be answered before your question can be addressed.
Answered on Nov 01st, 2011 at 11:16 PM
Yes, you maysue the manufacturer and/or the automobile maker if the airbag was defectively made orimproperly installed inyour motor vehicle and, it did not deploy during an accident. It is not stated that any injury occurred from the lack of deployment of the airbag.
Answered on Nov 01st, 2011 at 11:13 PM
Yes. However, these types of claims are complicated. It is extremely important to preserve the wrecked car for examination.
Answered on Nov 01st, 2011 at 10:50 PM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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An airbag explosion is a violent event. The injuries from an airbag alone are no laughing matter. Your injuries would have to be severe in order to prove the injuries from the airbag failure. On top of that, automobile manufacturers "scorch the earth" to defend airbag claims. Unless this was a frontal impact and your injuries were devastating, the cost of pursuing such a case would far exceed any recovery.
Answered on Nov 01st, 2011 at 10:50 PM
Personal Injury Attorney serving Orlando, FL
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Wooten, Kimbrough, Damaso & Dennis, P.A.
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Every case depends on the circumstances of the accident and the type of impact. If you wish to pursue a claim you should keep the vehicle in the condition it was in after the wreck so it can be carefully inspected.
Answered on Nov 01st, 2011 at 10:48 PM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, you can sue the manufacturer. However, the real question is what is the probability you will be successful. There are several things that must be proven before you can be successful. Actually, many times you not only have to prove negligence or a defect by the manufacturer, but you also have to show you properly maintained the airbags according to the manufacturer's Instructions. You also need to preserve the vehicle so that any experts can inspect the vehicle for defects.
Answered on Nov 01st, 2011 at 10:48 PM