What Legal Options Do You Have If Your Car’s Airbag Didn’t Deploy?
Did you know that you may be able to sue your car’s manufacturer if your airbags didn’t deploy properly during your last car accident?
Car accidents tend to be ‘cut and dry’. Your personal injury lawyer in Norwalk & Fountain Valley will also tell you that they are very predictable in terms of their settlement outcomes either in or out of court. However, not all car accidents are that ‘simple’ Sometimes, unforeseen events occur which complicate their nature and their eventual outcome. A good example of this is an airbag failing to work properly during a car accident. This is especially true if you (the plaintiff) are injured much more severely than you would have been if the airbag had actually worked the way it was supposed to! You’ll be in a unique and interesting position in this instance because you’ll have a personal injury lawsuit and a defective products lawsuit. You’ll bring the first one against the defendant, and you will bring the second one against your car’s manufacturer.
Airbags and car manufacturer guarantee
Every car built after 1980 has an airbag. They are supposed to make driving safer by keeping drivers from being injured, or at least by reducing the severity of their injuries, in car accidents. Unfortunately, as your personal injury lawyer could tell you, airbags don’t always work when they should and they don’t always work the way they should. You’ll have the right to sue your car’s manufacturer if this should ever occur to you in a car accident, no matter how severe.
You can rest assured that your personal injury lawyer will consult with the right experts to determine if your airbag worked the way it should. Your lawyer will also determine if your injuries would have been much less severe if your airbag had indeed worked properly.
Types of product liability claims
There are many reasons why airbags can fail to work. They can also deploy, but they may over-inflate, overextend when they do so. Sometimes, they even deploy when it’s not necessary or expected. Keep in mind that if this is the case with you, you’ll have three main product liability claims under which you can file your product liability lawsuit
Design Defects: When you file this type of a claim, you are essentially saying that the manufacturer did not design the airbag correctly. You are also saying that it’s this defect that is what caused the severity of your car accident and bodily injuries/property damage. These types of airbags pose a constant and continuous hazard until their flawed design is fixed.
Manufacturing defects: If you make this claim, you essentially argue that, while the airbag’s design was up to standards, its manufacturing methods were not. You are also further arguing that it’s the manufacturing defect(s) that made it dangerous for people to use.
Failure to warn defects: When you make this claim, you essentially argue that the airbag hurt you because it had faulty and misleading warnings.
Winning your case in court
If you want to win your case in court, you and your personal injury lawyer will have to prove that the airbag was faulty in some way and that this is what caused your extensive bodily injuries/property damage. The two of you will have to present the jury and judge with extensive evidence in the form of a copy of the police report, copies of your medical records, and any information that the car manufacturer provided on either the car or the airbag. It’s not easy to win these cases. These cases are complex. Therefore, you are not likely to win it if you don’t have good legal counsel on your side.