QUESTION
Do I have a case against the car manufacturer for airbags that did not deploy?
Asked on Dec 06th, 2011 on Personal Injury - Michigan
More details to this question:
I was in a accident where my vehicle was struck in the rear, my passenger side air bag deployed and the driver’s side air bag did not. I had nothing sitting in the seat on the passenger side of the vehicle. I was going 60 MPH when I was struck by a vehicle going 95+. My vehicle then struck the dividing barrier on the driver’s side. (referring to 2nd generation air bags)
13 ANSWERS
The major issue in answering this question is whether or not you had any injuries that were related to the fact that your airbag did not deploy. If you would have sustained the same injuries with or without the airbag, suing would not be economically feasible. Why would you want to spend the money to sue if you didn't have damages? The car manufacturer might be liable for replacing the airbag.
Answered on Dec 08th, 2011 at 12:33 PM
Criminal Defense Attorney serving Alexandria, VA
at
Michael J. Sgarlat
Update Your Profile
You may have a claim, however, it might be difficult to prove that the failure of the airbag was the proximate cause of the injuries you suffered. It is also very costly to litigate a products liability case. The expenses include not only healthcare providers to prove personal injury but also engineers. You must also remember that speculation is not admissible in Virginia.
Answered on Dec 08th, 2011 at 8:39 AM
Assault Attorney serving Richardson, TX
2 Awards
Depending on the age of the car and condition you may have recourse.
Answered on Dec 08th, 2011 at 8:06 AM
Litigation Attorney serving Olean, NY
at
Black, Lyle & Habberfield, LLP
Update Your Profile
Possibly, depends on many things (injuries, modifications to vehicle, causation, etc.). These cases are very complex.
Answered on Dec 07th, 2011 at 8:06 PM
General Civil Trial Practice Attorney serving Beaverton, OR
at
Vincent J. Bernabei, LLC
Update Your Profile
Your airbag was probably defective, and you have a products liability claim. You should contact an attorney right away. The car must be inspected and evaluated promptly.
Answered on Dec 07th, 2011 at 3:03 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
at
The Law Offices of Paul A. Samakow, P.C.
Update Your Profile
If you were injured, and the injuries were made worse because the air- bag did not deploy, you have a claim. Making the claim will be extremely expensive. Unless your injuries are life altering, permanent, maiming, then it will not be worthwhile trying to pursue the claim against the air-bag manufacturer or the maker of the car. Rather, make your claim against the driver who caused the accident. By the way, you would not get "more" by also making a claim against the air-bag manufacturer. You only get paid 1x for your claim, so "adding" another potentially responsible party (the air-bag mfg.) doesn't get you more best to you.
Answered on Dec 07th, 2011 at 3:00 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
First of you did not say you were injured. You did not say how old the car was nor whether it had been wrecked before. Airbags are designed to keep you from being thrown through the windshield or out of the car. You don't get damages just because a bag does not deploy.
Answered on Dec 07th, 2011 at 2:37 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
Airbag cases are difficult and expensive. Insurance companies 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 Dec 07th, 2011 at 2:29 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
at
Law Office of William L. Spern
Update Your Profile
Yes. You can sue a manufacturer for injuries or damages arising from a defective product.
Answered on Dec 07th, 2011 at 2:27 PM
Whether you have a claim against the manufacturer of the car can't be answered with the amount of information provided. Air bags in older cars that have been involved in accidents may not have been installed properly after an accident. Has your car ever been in an accident? If so your complaint isn't with the manufacturer but with the body shop that reinstalled the bag. Has your car ever been broken into or vandalized? Perhaps the thieves stole the airbag components? Apparently there are valuable components that thieves target. My point is that a claim against the manufacturer for a failure of airbags to deploy isn't as easily proven as it may first appear.
Answered on Dec 07th, 2011 at 2:17 PM
Personal Injury Attorney serving Marietta, GA
at
Law Office of Ronald Arthur Lowry
Update Your Profile
The short answer is, yes. There have been cases that have been brought against automobile manufacturers for failure of airbags to deploy. I would need to know a lot more about this to be able to determine whether your case would be successful, however.
Answered on Dec 07th, 2011 at 1:58 PM
Criminal Defense Attorney serving Montrose, NY
at
Law Office of Jared Altman
Update Your Profile
Maybe. But you have to save the car to be examined by the manufacturer.
Answered on Dec 07th, 2011 at 10:41 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
at
Downriver Injury & Auto Law
Update Your Profile
Michigan has the worst law on potential products liability in the nation. Whether or not a case has merit depends on the unique circumstances of each case. At the outset, you need a very serious injury before an experienced lawyer will review a case like this. Good Luck..
Answered on Dec 07th, 2011 at 10:35 AM