While the manufacturer may be liable for her injuries, as a practical matter, her damages may not be significant enough for an attorney to bring the case to court if her only medical treatment was "treat and release" at the Hospital. If that is the case and she has health insurance, I wouldn't worry about it. If she has some permanent impairment, I would contact an attorney who practices in personal injury law (I would be happy to discuss it with you). Products liability cases are very complex. Unfortunately, they are also expensive to bring to court. You have to retain an expert who can testify that the vehicle was unreasonably dangerous because of a design or manufacturing defect. The expert fees can be as low as $5,000.00 and as high as $100,000.00 (even more ins some cases). A recall, in of itself does not establish that the product was unreasonably dangerous because of a defect.
Fixing a problem after it is recognized may not mean their was a defect at the time it was manufactured if they used the best available technology at the time, or if their was no way to foresee the defect. If you cannot find a lawyer to represent her, you might write the manufacturer , send the medical bills, and demand payment. They might just agree to settle.
Answered on May 03rd, 2011 at 3:06 PM