Can I sue the manufacturer if the airbag did not work in the accident? 27 Answers as of February 17, 2012

I get this question a lot. Trying to go after an automobile manufacturer is like having a fistfight with the Empire State Building. Go on-line and see if you can contact some law firm that says on it's website that they go after auto manufacturers or that they take on air-bag cases.

It is possible. The age of the vehicle and weather under warranty or not are critical. If there is to be a products liability case will depend on these issues as well as the test that must be done on the airbag. Be sure to preserve the car where the attorney can have it evaluated.

Yes. Just keep in mind that might not be products liability.

You can. An airbag expert must be hired in order to have a valid claim.

Yes, you maysue the manufacturer and/or the automobile maker if the airbag was defectively made orimproperly installed inyour motor vehicle and, it did not deploy during an accident. It is not stated that any injury occurred from the lack of deployment of the airbag.

You can sue anyone. Your real question is whether or not a lawsuit would be viable. What you are describing is a products liability case against a major automobile manufacturer. Such a case is likely to cost several hundred thousand dollars and years of work to prepare it for trial. Accordingly, only the most severe injury would justify the expense (e.g. Closed head injury with significant cognitive deficits or paralysis of multiple limbs). It goes without saying that you would need to be able to demonstrate that if the airbag had deployed, the injury would not have been sustained or would have been less severe.

Possibly, IF you can prove the manufacturer was negligent and that their negligence caused your injury.

Maybe. The first question to ask is whether or not there has been an injury. If no one is hurt because the airbag did not deploy it will be difficult to find an attorney anywhere to take your case. Product liability cases are very expensive and unless you sustained significant injuries it will be difficult to pursue this matter.

Were you hurt in the accident? Would you not have been hurt if the air bag had deployed? These questions have to be answered before your question can be addressed.

Every case depends on the circumstances of the accident and the type of impact. If you wish to pursue a claim you should keep the vehicle in the condition it was in after the wreck so it can be carefully inspected.

Yes, you can sue the manufacturer. However, the real question is what is the probability you will be successful. There are several things that must be proven before you can be successful. Actually, many times you not only have to prove negligence or a defect by the manufacturer, but you also have to show you properly maintained the airbags according to the manufacturer's Instructions. You also need to preserve the vehicle so that any experts can inspect the vehicle for defects.

A air bag's failure to deploy can certainly result from a defect in the system, and you can sue for injuries and damages if the failure was caused by a malfunction. Generally, auto manufacturers deny these claim and it is very expensive to prove them. Expert witnesses and others need to be hired, and it is not unusual that such a case costs tens of thousands or even hundreds of thousands of dollars to bring to trial. Auto companies are very good at defending these cases and dreaming up excuses for why the air bag failed to deploy, but they can be beaten with the right lawyer and the right experts. If you had serious injuries due to the failure to deploy, you will want to talk to a lawyer like me right away how focuses his practice on automotive defects. I could help you determine if you have a case. Please note that it is imperative that you keep the vehicle in its current condition and take possession of it, if you have any interest in pursuing a claim. If the vehicle gets fixes or destroyed, you are probably out of luck.

An airbag explosion is a violent event. The injuries from an airbag alone are no laughing matter. Your injuries would have to be severe in order to prove the injuries from the airbag failure. On top of that, automobile manufacturers "scorch the earth" to defend airbag claims. Unless this was a frontal impact and your injuries were devastating, the cost of pursuing such a case would far exceed any recovery.

Yes. However, these types of claims are complicated. It is extremely important to preserve the wrecked car for examination.

Assuming the incident occurred within the applicable statute of limitations (2 years in Indiana), you can sue the manufacturer of an airbag and/or vehicle with a faulty airbag for injuries sustained when an airbag fails to deploy. The difficulty you will face is whether the wrecked car still exists for the company to inspect. You also will have to prove more than just that the airbag did not deploy. You will have to prove by a preponderance of the evidence that the air bag was defective in some manner that caused it not to deploy.

Generally speaking, you have no case against the manufacturer of air bags. Air bags deploy due to particular contact points and will not deploy in every accident.