QUESTION
Do I have a case since there was a head rest recall?
Asked on Oct 10th, 2013 on Personal Injury - Texas
More details to this question:
I am a Catholic School Principal that was driving my convertible on the way home from work last week when I was hit from behind while at a stop. It didn't seem like that hard of a hit, but the back of my head was numb. I didn't feel the headrest at first, but then it released. The next day, I went to the ER and was suffering from concussion symptoms that resulted in me missing a few days from work, and limit what I can do for the next three weeks or so. Today, I received a notice from the car company about a head rest recall that prevents the headrest from deploying in a rear end collision. I am not looking to strike it rich, but should I do anything about this?
5 ANSWERS
James Eugene Hasser
Yes, you very well may have a case. You might want to contact the manufacturer direct or consult a products liability lawyer familiar with car cases.
Answered on Oct 14th, 2013 at 11:39 AM
Thomas Edward Gates
You first cause of action is against the driver who it you. Just because there is a recall, it does not mean that your headrest did not function properly. Many individuals who are rearended have the same injuries and their headrest worked properly.
Answered on Oct 14th, 2013 at 11:14 AM
Ronald A. Steinberg
You may have a claim, but it does not sound big enough for an actual law suit. If you can resolve it with the adjuster for the manufacturer's insurance company, then go for it. But without serious damages, the value would be too small to take the case to court.
Answered on Oct 14th, 2013 at 11:03 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you have causation proved (recall) and whether you get anything much depends on how badly you were hurt. doesn't sound like a bad case so get what you can.
Answered on Oct 14th, 2013 at 10:26 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You may have a good legal claim against the manufacturer, but you have a much more efficient claim against the insurance carrier for the person who hit you from the rear. In order to make a crash worthiness case against the manufacturer you'd incur very substantial litigation costs, likely including thousands of dollars in expert witness fees which are not recoverable from the other side. No harm in sending the manufacturer a demand letter, but if they don't write you a check voluntarily you'll probably have a tough time finding a law firm to pursue (and finance) such a case given your comparatively minor injuries.
Answered on Oct 14th, 2013 at 10:13 AM