If I suffered injuries in a car accident can I sue the car manufacturer if they had an air bag recall?

Question

Not too long after buying my vehicle I had to take it back to the dealership to replace a part. While doing so I got the maintenance guy to look up the vehicle history by vin and the vehicle had been recalled for the airbags.  In June I wrecked it, flipped 3 times, hit a pole and then went over the hill and not one airbag deployed. The injuries I suffered were a shattered foot and I had to a plate with several screws and five bulging discs in my lower back leading to about $250 thousand in medical bills I was just wondering if I had a case or not

Bruce Arthur Plesser · Answer

Yes.

Dennis P. Mikko · Answer

Once you were aware of the airbag recall, did you take it to a dealership to get the problem fixed?  If the answer is no, then you probably don't have a case.  

Also, you would have to show that the failure of the airbag to deploy was the result of a defect and that the non-deployment caused you injury.  Based on what you have said about the accident, this may be difficult to do.

Stephen Lombardi · Answer

Answer: Yes you may have a case. If you need a referral contact my office;   I say that because this area is very specific and there are only a few  firms  capable of understanding and litigating this kind of case. This is not  your  run-of-the-mill type of auto accident case.

Timothy Klisz · Answer

Did the airbags get replaced at the dealership or did you have the accident first?  It's a bit confusing in your post.

Mark Smith · Answer

You may have a case if you can show that had the airbags deployed you would   not have received as severe injuries that you have presently.

Tara D. Clark Newberry · Answer

Product Defect cases can be complicated, and I would need more information about the accident, the vehicle and the encounter with the mechanic in order to properly advise on bringing a lawsuit.  Presently our office reviews personal injury/auto accident cases at no charge, I would recommend meeting with a lawyer to discuss your case in greater detail in order to better evaluate the claims you may have.

James Osak · Answer

An airbag probably wouldn't have prevented your injuries by FLIPPING your car 3 times. So No.

Jeffery Robinette · Answer

You very well may have a legal basis of pursuing a defective manufacturing claim against the manufacturer of the vehicle, as well as a claim against the dealership, under some circumstances.    I suggest that you speak with an experienced personal injury lawyer to get a better idea about your rights.

Gary Platt · Answer

It is possible, however, a positive determination cannot be made  without a  lot of investigative work and, most likely, obtaining the opinion of  one  or more experts (for which you would have to pay before you knew for sure   whether you had a good case or not).  There are a number of attorneys who   might be willing to take your case IF the value of your case is high enough to   justify the risk of taking it on a contingency.

Larry Klein · Answer

You might have a case against the manufacturer of the vehicle and also the dealership that sold you the car because of the fact that the airbags did not deploy.  There potentially could be several bases for the lawsuit.  One would be that you were sold a defective product because the airbags did not deploy. You would have to prove that the airbags should have deployed in an accident such as yours and you also would have to prove that had the airbags deployed they would have prevented the injuries you sustained.  Also there may be a case for negligence if you did not receive notice of the recall before the accident occurred.  Given the nature of this case and your significant injuries, I would recommend that you promptly consult the services of an attorney to advise you on this matter.

Irving Blank · Answer

Yes, you have a case that needs to be explored.  You must get an experienced attorney involved as this will be a long, complicated, and expensive case.

Andrew Velonis · Answer

Possibly.  But, car manufacturers are extremely difficult to sue.  They have vast resources and experienced lawyers who are experts at defending them.  You don't just need a lawyer, you need a lawyer who has brought these kinds of cases before.  Expert witnesses will be required.  This will be a very time consuming and expensive case to bring.

Jerrie Weiss · Answer

You might depending on whether you received notice of the recall and what you did once you knew it had been recalled (i.e. when the dealer told you about it).  

The airbags should have been repaired or the vehicle replaced if you knew about it and requested repair or replacement.  Your damages and injuries are very serious so you should definitely contact an attorney to look into this.

Mindy Bish · Answer

This is what is known as a product liability case.  An expert would be hired who would look at the information related to the airbag and ascertain if the airbag should have deployed and if not why it did not deploy.  If that expert believes that there is evidence of a malfunction of the airbag then yes you would have a case.  The defense may raise an issue related to whether you had the airbags replaced due to the recall and why not.

Jeffrey Lapin · Answer

It is possible you might have a claim against the car manufacturer. More information would be needed to give a more definitive answer though. 

One issue would be whether you received notice of the air bag recall but did not do anything about it. 

If so, you may not have a claim as you had been given the opportunity to have the air bags fixed but chose not to.  You should talk to an attorney about the case so they could get more information and make a stronger determination whether you have a case.

Ronald A. Steinberg · Answer

The air bags are deployed when there is a force applied to a sensor located in the bumper (there are 4-6 such sensors) or else in certain areas of the side of the car.  

If your impact did not hit a sensor, then the air bags would not deploy.  You need to get photos of the car, especially where ever there are signs of damage; if there is damage where a sensor is located, then perhaps you have a claim against the manufacturer for the faulty airbags. 

Now, the issues are: 
1) when was the airbag recall, 
2) were you registered with the manufacturer as being the owner of the car, and 
3) have you changed your address without leaving a notice of address change with the post office?

Charles E. Cartwright · Answer

An attorney would have to have the vehicle inspected to determine whether the airbags should have deployed. It would also depend on whether your injuries were causally related to the airbag failure. It seems like you had a very serious accident, I would not rely on an internet posting to determine your rights.? You should speak to a lawyer.

Michael Yurasov-Lichtenberg · Answer

It sounds like you do have a claim against the manufacturer. Look for an attorney who specializes in product liability litigation.

John Brennan · Answer

If you did not have it fixed, in accordance with the recall how is that the manufacturers' fault.  Ion the facts given I do not believe you have much of a case.

Robert Lucky · Answer

You may have a products liability case against the manufacturer. However, if the company issued a recall and no action was taken, the liability likely will not rest with the manufacturer. It is very important that you keep possession of the vehicle if you wish to pursue the case though. An expert will need to inspect the vehicle to determine if there was a defect of some kind. Otherwise, you may only have a claim against the at-fault party and his/her insurance company. Please feel free to contact my office with any questions.

Steven D. Dunnings · Answer

Did you have the bags replaced pursuant to the recall?

Ronald Lowry · Answer

You would have to be able to connect your injuries to the failure of the airbag to deploy. That is usually done with expert testimony. There are a lot of other issues, too. You need an attorney that is experienced in product liability cases ASAP.

Paul Whitfield · Answer

Not all the info needed. Airbags are not designed to insure that you have zero injuries. They are designed to keep you from being thrown through the windshield. They are not designed to protect you when you roll a car 3 times and hit a pole. The airbags did not cause your injuries. Your driving did.

David Hibbert · Answer

Sounds like you were aware of the recall and had not taken it ion for the recall? That could be a big problem depending upon your state laws as to contributory negligence. The time between purchase and  the notification  and the crash are all important to answering fully your inquiry. You consult an attorney in your state regarding these issues.

David Blain · Answer

You have described what is called a products liability lawsuit. These are general very difficult and expensive cases because the defendant is a big corporation, i.e. Ford or Toyota or Honda or whoever made your car. And in these types of cases you have to be able to prove there was some sort of defect with the vehicle and that defect was a substantial cause factor in causing your injuries, and this is proven usually through expert testimony.  A plaintiff who successfully brings a products liability lawsuit is entitled to damages, which include payment for past and future medical expenses, past and future lost wages, pain and suffering and other potentially available damages.  My office handles these types of cases routinely, and we do so on a contingency fee basis. What this means is, if we accept your case, we would pay for the costs of the lawsuit and would not be reimbursed those costs and our attorney's fees unless we obtained a settlement or judgment in your favor.

Linh Nguyen · Answer

It?s possible that you have a case.  This is a complicated product liability/personal injury case.  You should immediately consult with an attorney experienced in this area.  Most attorneys give free consultations so take advantage.  Good luck.

Phong Thanh Tran · Answer

You should contact a personal injury attorney for a full consultation.

Arthur Aiken · Answer

You may have a case. Cases against motor vehicle manufacturers are very complicated, so you will need to have it evaluated by an attorney with experience handling those types of cases. I would get on the internet, find a lawyer and have your case evaluated as soon as possible.

Jeffrey Tuttle · Answer

That is an uphill battle. I would not take that case and that is what I do.

Steven Shaw · Answer

Crash worthiness cases are a very specialized field.  There are a number of good attorneys that practice that type of law in Washington State.

Ernest Lee · Answer

Friend:  If your injuries were caused by the faulty airbags you most certainly can due the, for their defective product.

Stuart Nachbar · Answer

If you knew it was recalled and did not try to get the stuff repaired, then no

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If I suffered injuries in a car accident can I sue the car manufacturer if they had an air bag recall?

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