Can I sue a dealership for the death of my wife in a car accident? 27 Answers as of February 20, 2012

My wife died in a fatal car accident. She was driving a car and she was hit by a pickup truck on the passenger side and due to the huge impact she died on the spot. All airbags except side airbag of driver side got deployed. if that airbag would have deployed, she might have not died as the reason for her death is neck and head injury. According to State police, the other party had right of way so liability case with the other party was dismissed, but in any case, I still believe that I can still claim liability from the dealership.

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I am truly sorry for your loss. The dealership would not likely be the target. The manufacturer may be under the right set of facts.
Answer Applies to: Alabama
Replied: 11/1/2011
Broad Law Firm, LLC
Broad Law Firm, LLC | Donald K. Broad
You likely cannot sue the dealership for this type of loss. The manufacturer might be a legitimate target for the failure of the airbag to deploy, but the big problem you would have in Indiana is the comparative fault of your wife in failing to yield the right-of-way.
Answer Applies to: Indiana
Replied: 2/20/2012
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
I am sorry to hear about your loss. You have a valid claim, and you should contact an attorney to pursue it.
Answer Applies to: Oregon
Replied: 10/31/2011
Wooten, Kimbrough & Normand, P.A.
Wooten, Kimbrough & Normand, P.A. | Orman Kimbrough, Esq.
Usually, it is required to show that the failure of the air bag deploying contributed to your wife's injuries before you could be successful in a claim. It is important to preserve the vehicle. You should consult with a personal injury attorney as soon as possible to protect your rights and give you specific advice.
Answer Applies to: Florida
Replied: 10/31/2011
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
If the collision was wholly or partly the fault of your late wife in NC that would be called contributory negligence and there could be no recovery.
Answer Applies to: North Carolina
Replied: 10/31/2011
    Ruiz Law Group, P.C.
    Ruiz Law Group, P.C. | Frances Ruiz
    I do not believe the liability would lie with the dealership unless they sold you a certified used car. In a new car the liability would be with the manufacturer of the vehicle. However even if you could establish a defect with the car, there would still be a problem with the case because of the comparative negligence for any liability your wife would have been responsible for. Please discuss this case with your local bar association.
    Answer Applies to: New York
    Replied: 10/31/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    The vehicle's manufacturer and the maker of the side air bags may have the greatest liability to her heirs and estate.
    Answer Applies to: Colorado
    Replied: 10/31/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You may be able to sue the manufacturer. You need to keep the car, do not let an insurance company or someone else dispose of it, because you will need to have it examined by and expert. You should consult a products liability attorney as soon as possible.
    Answer Applies to: South Carolina
    Replied: 10/31/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You should consult with a product liability or accident lawyer for specific legal advice and direction. Negligence has to be proved before liability can be assessed against the car dealerand/or the manufacturer of theairbagfor thefailure of the airbag to deploy during the accident.
    Answer Applies to: Indiana
    Replied: 10/31/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Contact a products liability attorney; yes, there is a possibility you could sue but you would need to have a good products liability attorney investigage the case for you.
    Answer Applies to: Florida
    Replied: 10/31/2011
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Wow, interesting set of facts. Yes you can sue them. The owner of a car is liable for the negligent acts of a permissive driver.
    Answer Applies to: Iowa
    Replied: 10/31/2011
    Alfred Law Firm
    Alfred Law Firm | Janice Alfred
    You may have a product's liability case against the manufacturer of the vehicle. I advise that you speak with a seasoned product's liability attorney to discuss your case. There may be similarly situated individuals who could qualify your case for a class action.
    Answer Applies to: Georgia
    Replied: 10/31/2011
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    You might have a suit against the manufacturer of the car and air bag.
    Answer Applies to: Virginia
    Replied: 10/31/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    If the airbag was defective maybe against the manufacturer depending on the age of the car and many other factors . Maybe the dealer as well. Speak to an attorney.
    Answer Applies to: Florida
    Replied: 10/31/2011
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    You should investigate a suit against the manufacturer of the car, not the dealership.
    Answer Applies to: Pennsylvania
    Replied: 10/31/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You had a lawyer already. He wasn't interested in going after the manufacturer. Also, if you didn't save the car then you probably can't prove a case.
    Answer Applies to: New York
    Replied: 10/31/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    The only reason to go after the dealership would be if they did something wrong (such as negligent repair) or failed to do something they were supposed to do (such as inspect). Otherwise, you go after the manufacturer. But: you will have to prove, with expert witness testimony, that had the airbag deployed, she would have lived, not "might have". This will take years of litigation and will cost tens of thousands of dollars.
    Answer Applies to: New York
    Replied: 10/31/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    First, sorry for your loss. I am not sure why you think the dealership would have any liability. The auto manufacturer may have a product liability claim since it was their vehicle that failed. You can google search for attorneys that handle those claims for failed airbags against the auto manufacturer. If you find one, they can tell you if you have a legitimate claim.
    Answer Applies to: California
    Replied: 10/28/2011
    Law Offices of Kenneth Wincorn P.C.
    Law Offices of Kenneth Wincorn P.C. | Kenneth Wincorn
    Tour products claim may be against the manufacturer.
    Answer Applies to: Texas
    Replied: 10/28/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    Product liability law in the great State of Washington is set forth in RCW 7.72 (http://apps.leg.wa.gov/RCW/default.aspx?cite=7.72). You can also read cases elaborating on the statutory guidelines (i.e. MAGANA v. HYUNDAI MOTOR AM., 141 Wn. App. 495 (2007)) at http://www.mrsc.org/wa/courts/index_dtSearch.html. RCW 7.72.040 sets forth the limited conditions where a product seller can have liability in addition to a manufacturer of an unreasonably hazardous product.
    Answer Applies to: Washington
    Replied: 10/28/2011
    McKell Christiansen
    McKell Christiansen | Michael McKell
    Your claim would have to be bought against the manufacturer of the vehicle and not the dealership. Sorry to hear about such a tragic case.
    Answer Applies to: Utah
    Replied: 10/28/2011
    Law Offices of Steven A. Fink
    Law Offices of Steven A. Fink | Steven Alan Fink
    Sorry to hear about your loss. You can sue dealership and manufacturer of car. Possibly also air bag manufacturer. Fact that state police said other party not at fault does not mean they potentially have some liability for their negligence. You need to consult with a personal injury attorney to see how you should proceed.
    Answer Applies to: California
    Replied: 10/28/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Products cases are especially tough, especially in Michigan. But if the right expert could be found, it could be an excellent case.
    Answer Applies to: Michigan
    Replied: 10/28/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    You don't have a claim against the dealership unless you have evidence that the car was tampered with at or by the dealership. You may have a claim against the manufacturer of the car for the faulty airbag. You will need to obtain an expert opinion on this.
    Answer Applies to: Texas
    Replied: 10/28/2011
    Law Offices of Bodey & Bodey, PLLC
    Law Offices of Bodey & Bodey, PLLC | Michael Bodey
    The answer to this question requires an exhaustive investigation. I would need additional information collected in the form of interviews of witnesses, yourself; the collection of documents, etc. I am truly sorry for your loss.
    Answer Applies to: Washington
    Replied: 10/28/2011
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