Do I have a case against a manufacturer if my airbags did not deploy? 25 Answers as of January 17, 2011

I was just in an auto accident, and my air bag failed to deploy. My vehicle was a 2001 Pick-Up Truck (I will leave out the exact manufacturer name). Do I have a case against the manufacturer?

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Tomalas Law Firm
Tomalas Law Firm | Ryan Tomalas
In order to properly evaluate this claim, far more information related to the facts of the accident, as well as the extent of the injuries you sustained, are necessary. (Keep in mind that, just because you may have a legal claim to make, unless the financial "value" of your claim is significant enough you may be hard pressed to find a personal injury lawyer to handle your case on a contingency fee basis.)
Answer Applies to: California
Replied: 1/17/2011
Premier Law Group
Premier Law Group | Jason Epstein
Maybe, maybe not. Airbags are not always supposed to deploy in every accident. It would require an engineer to do an analysis of the crash and the airbag cpu to determine if the bags should have deployed and didn't. Of course, the second part of the analysis would be that even if the airbags were supposed to deploy and didn't, what would your damages be? In other words, what injuries did you suffer specifically because the airbags didn't go off?
Answer Applies to: Washington
Replied: 1/14/2011
Law Office of Travis Prestwich, PC
Law Office of Travis Prestwich, PC | Travis Prestwich
Airbags are not designed to deploy in all types of accidents or impacts. So, it would depend on the type of impact, the speed of your vehicle, etc. Also, even if they should have deployed, you would need to determine what injuries you sustained as a result of them failing to deploy and are those injuries worse than if they had deployed.
Answer Applies to: Oregon
Replied: 1/14/2011
Patrick M Lamar Attorney
Patrick M Lamar Attorney | Patrick M Lamar
You could if you were injured. There are certain prohibitions on suits due to federal regulations. You should contact a firm that deals with products cases of this nature.
Answer Applies to: Alabama
Replied: 1/13/2011
Leone, Throwe, Teller, & Nagle
Leone, Throwe, Teller, & Nagle | Adam J. Teller
Determining whether you have a case would require an expert to examine the vehicle, the airbags and the circumstances of the accident to determine whether the airbags were defective either in their manufacture,installation, maintenance, or design. Just because the airbags failed to deploy does not mean they were defective. You should make sure the vehicle and its parts are preserved, and contact an attorney as soon as possible to begin the investigation. You should also consider reporting the failure to deploy to the National Highway Traffic Safety Administration, which will investigate defective airbag complaints.
Answer Applies to: Connecticut
Replied: 1/12/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Without provable damages arising from this incident, my answer would be, no, you do not.
    Answer Applies to: Virginia
    Replied: 1/12/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    You do if we can show that the airbags failed to deploy when they should have and it was a defect of some sort.
    Answer Applies to: Pennsylvania
    Replied: 1/12/2011
    Law Office of Russell D. Gray, PC
    Law Office of Russell D. Gray, PC | Russell D. Gray
    You might have a case for faulty airbags but more information is needed:

    - make/model/year of vehicle
    - speed of impact
    - type of impact
    - your physical injuries
    - the reason the airbags did not deploy

    If you were in an accident that was the fault of the other driver, and you suffered physical injury, you may have a claim against the other driver. You should call a qualified attorney for more help with this question.
    Answer Applies to: Utah
    Replied: 1/12/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Were you injured? One of the elements you would need to prove is that you sustained damage as a result of the airbags failing to deploy. Also, where was the impact to your vehicle? Front air bags will only deploy when the contact point on the front of the vehicle is hit, and generally only at a speed of 25 mph or greater. If you have any further questions, please let me know.
    Answer Applies to: California
    Replied: 1/12/2011
    Law Office of Curry & Westgate
    Law Office of Curry & Westgate | Patrick Curry
    You will need an expert to inspect your car and determine your airbag situation. Very expensive.
    Answer Applies to: California
    Replied: 1/12/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    Maybe. But you must have been injured as a result of the failure to deploy.
    Answer Applies to: Illinois
    Replied: 1/12/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Possibly but only if you have serious injuries as a result of the airbag failure.
    Answer Applies to: Florida
    Replied: 1/12/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Depends on whether you were injured, whether the airbag should have deployed (i.e. in a rear-end accident an airbag will not and should not deploy) and whether the airbag not deploying is what caused your injury.
    Answer Applies to: Nebraska
    Replied: 1/12/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Possibly, yes. In Florida, there is a statute of repose (once a product gets to a certain age, you can't sue the manufacturer any more) which may shorten the usual 4 year statute of limitations. However, if you weren't at fault in causing the accident, then you can't collect both against the manufacturer and collect again against the driver who was at fault. You can only collect a total of what your damages are worth from both. You should call an attorney who practices both in the area of motor vehicle accidents and products liability.
    Answer Applies to: Florida
    Replied: 1/12/2011
    El Dabe Law Firm
    El Dabe Law Firm | Edmond El Dabe
    Yes you have a case against the manufacturer, however, these cases are very expensive to pursue. They expense can only be justified of you suffered severe injuries which will affect you for the rest of your life.
    Answer Applies to: California
    Replied: 1/12/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If there is a defective product claim against the manufacturer there needs to be an expert opinion that the defect caused the deploy failure. If there are no personal injuries or car damage then there is no loss for a lawsuit;but you could complain to the manufacturer, auto dealer, or the Consumer Protection Department for the State of Connecticut. If you have any other questions feel free to contact the office.
    Answer Applies to: Connecticut
    Replied: 1/12/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. You definitely need to speak to a personal injury attorney who handle product defect cases
    Answer Applies to: Florida
    Replied: 1/12/2011
    Harris Law Firm
    Harris Law Firm | Paul Vames
    You potentially do have a case against the manufacturer. This presupposes that the failure of the airbag led to some legally-cognizable injury.
    Answer Applies to: Oregon
    Replied: 1/12/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Maybe but very costly to prove.
    Answer Applies to: Illinois
    Replied: 1/12/2011
    Willens Law Offices
    Willens Law Offices | Matthew Willens
    Possibly, depending on the nature of your injuries. An airbag case is generally complicated and expensive to prosecute so the damages (injuries)must be of the nature that it makes economic sense to pursue.
    Answer Applies to: Illinois
    Replied: 1/12/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Hi,Thanks for your question. You may have a case concerning the failure of your airbag to deploy. A key factor in looking at such a case is the injuries sustained in the accident. Since such cases require expert testimony, the costs are probably going to be substantial and so the potential for recovery needs to be commensurately large. If there are no injuries, the mere fact of a failure to deploy holds very little value. Hope this helps.
    Answer Applies to: Virginia
    Replied: 1/12/2011
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