QUESTION
Do I have a case against the manufacturer if the Air bag didn’t deploy?
Asked on Jan 05th, 2013 on Personal Injury - Florida
More details to this question:
I was in a car accident where a lady pulled in to oncoming traffic and I T-boned her going 50km an hour. My car had full 100% frontal contact and my airbags didn't deploy resulting in me nailing my face off of the steering wheel pretty hard and leaving severe bruising/swelling on half of my face as well as possible long term vision loss in the right eye. I also received a severe concussion and whiplash resulting in the non-deployment of the bag. I have to get a CT scan for other possible head injury this week and see a concussion specialist, physiology and optometrist. Their car was so damaged they had to cut them out from the other side of the vehicle.
10 ANSWERS
50 km and hour is about 30 miles an hour. I think you have to be at a certain speed for the airbag to deploy. So, not sure if you have a case. Check the owner's manual of the vehicle to see what it says about what speed the air bag deploys at.
Answered on Jan 13th, 2013 at 8:36 PM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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It very well sounds like you could 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. Some attorneys, including myself, offer free consultationsso, you really should call today.
Answered on Jan 11th, 2013 at 12:49 AM
Ronald A. Steinberg
If you can prove that the air bag did not deploy due to a flaw, you have a case. Under Michigan law, if you got hurt "arising out of the operation of a motor vehicle," then you can get your medical bills covered by your own auto insurance, together with lost wages, medical milage, and household replacement services. You cannot get pain and suffering payments from your own company. You can sue the other owner/driver and you can sue the manufacturer of the air bag for pain and suffering, but this case will be expensive to handle.
Answered on Jan 11th, 2013 at 12:45 AM
NA richard@jandjlaw.com
Possibly. You need to have an expert inspect the vehicle and determine why the airbags didn't deploy. You are anticipating some kind of negligence or products liability claim, so you need to be able to prove what happened / didn't happen. You also need to prove that failure to deploy was a proximate (a direct) cause of your injuries claimed. Sometimes, airbag deployment will cause significant face, torso, hand, finger / wrist injuries just in and of the bag hitting you.
Answered on Jan 10th, 2013 at 11:50 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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See a good personal injury lawyer in your county. Depends on lot of things. How old is the car do you have any warranty papers. Do you have engineer or other experts to testify about the deployment or non-deployment. The burden is entirely on you to prove your case
Answered on Jan 10th, 2013 at 11:14 PM
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you. Thank you for your email, and we look forward to hearing from you.
Answered on Jan 10th, 2013 at 11:04 PM
Maybe. You would need an airbag expert to look at the car and the airbags. Your injuries are severe enough to warrant the expense. There are attorneys who will take these cases and hire the expert at no cost to you.
Answered on Jan 10th, 2013 at 10:51 PM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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You can sue them, but the issue is if your damages are severe enough to warrant the costs. MDK.
Answered on Jan 10th, 2013 at 10:38 PM
Mortgage Foreclosure Defense Attorney serving Deerfield Beach, FL
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The Ticktin Law Group
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Yes, you do have a potential case against the manufacturer, depending on a number of factors, such as your speed at the time of the collision. However, should consider the pragmatic issues as the cost of a products liability case, such as this may be great. I'm not licensed to give medical advice, but let me suggest that you be extremely careful with getting a CAT Scan. There are new devices which are of low radiation, but the old machines give too much exposure to radiation to not take this issue seriously. Ask the people giving the CAT Scan and ask if they have the new low radiation model. If not, think twice. I hope that this is of help to you.
Answered on Jan 10th, 2013 at 10:38 PM
Insurance Law Attorney serving Gainesville, FL
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Steven Kalishman, P.A. Law Offices
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You would have a cause of action against the at-fault driver as well as the manufacturer, and maybe your UM carrier.
Answered on Jan 10th, 2013 at 10:36 PM