If I suffered injuries in a car accident can I sue the car manufacturer if they had an air bag recall? 43 Answers as of May 29, 2013

Not too long after buying my vehicle I had to take it back to the dealership to replace a part. While doing so I got the maintenance guy to look up the vehicle history by vin and the vehicle had been recalled for the airbags. In June I wrecked it, flipped 3 times, hit a pole and then went over the hill and not one airbag deployed. The injuries I suffered were a shattered foot and I had to a plate with several screws and five bulging discs in my lower back leading to about $250 thousand in medical bills I was just wondering if I had a case or not

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Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
Yes, if you can show had the air bag deployed you would have had fewer injuries and that the airbags should have deployed in that accident.
Answer Applies to: Connecticut
Replied: 8/14/2012
Gebler & Weiss, P.C. | Jerrie S. Weiss
You might depending on whether you received notice of the recall and what you did once you knew it had been recalled (i.e. when the dealer told you about it).

The airbags should have been repaired or the vehicle replaced if you knew about it and requested repair or replacement. Your damages and injuries are very serious so you should definitely contact an attorney to look into this.
Answer Applies to: California
Replied: 8/14/2012
Gary L. Platt, Attorney at Law | Gary Platt
It is possible, however, a positive determination cannot be made without a lot of investigative work and, most likely, obtaining the opinion of one or more experts (for which you would have to pay before you knew for sure whether you had a good case or not). There are a number of attorneys who might be willing to take your case IF the value of your case is high enough to justify the risk of taking it on a contingency.
Answer Applies to: California
Replied: 8/14/2012
Robinette Legal Group, PLLC
Robinette Legal Group, PLLC | Jeffery Robinette
You very well may have a legal basis of pursuing a defective manufacturing claim against the manufacturer of the vehicle, as well as a claim against the dealership, under some circumstances. I suggest that you speak with an experienced personal injury lawyer to get a better idea about your rights.
Answer Applies to: West Virginia
Replied: 8/14/2012
James M. Osak, P.C.
James M. Osak, P.C. | James M. Osak
An airbag probably wouldn't have prevented your injuries by FLIPPING your car 3 times. So No.
Answer Applies to: Michigan
Replied: 8/14/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Once you were aware of the airbag recall, did you take it to a dealership to get the problem fixed? If the answer is no, then you probably don't have a case.

    Also, you would have to show that the failure of the airbag to deploy was the result of a defect and that the non-deployment caused you injury. Based on what you have said about the accident, this may be difficult to do.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Did the airbags get replaced at the dealership or did you have the accident first? It's a bit confusing in your post.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Answer: Yes you may have a case. If you need a referral contact my office; I say that because this area is very specific and there are only a few firms capable of understanding and litigating this kind of case. This is not your run-of-the-mill type of auto accident case.
    Answer Applies to: Iowa
    Replied: 8/14/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You may have a case if you can show that had the airbags deployed you would not have received as severe injuries that you have presently.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    It is very possible you have a case against either the auto manufacturer or the facility who did the actual recall repair, or both. I would suggest you contact an attorney in your area who handles product liability so they may hear all of the facts of your case and give you an informed answer. .
    Answer Applies to: Arizona
    Replied: 8/14/2012
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    Product Defect cases can be complicated, and I would need more information about the accident, the vehicle and the encounter with the mechanic in order to properly advise on bringing a lawsuit. Presently our office reviews personal injury/auto accident cases at no charge, I would recommend meeting with a lawyer to discuss your case in greater detail in order to better evaluate the claims you may have.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Without more information, it is difficult to provide you with proper advice. You need to consult with an attorney so that the entire picture can be looked at. If you do not have an attorney and you would like to discuss this matter further, please feel free to give our office a call.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Paris Blank LLP
    Paris Blank LLP | Irving M Blank
    Yes, you have a case that needs to be explored. You must get an experienced attorney involved as this will be a long, complicated, and expensive case.
    Answer Applies to: Virginia
    Replied: 8/14/2012
    Larry Klein Inc | Larry Klein
    You might have a case against the manufacturer of the vehicle and also the dealership that sold you the car because of the fact that the airbags did not deploy. There potentially could be several bases for the lawsuit. One would be that you were sold a defective product because the airbags did not deploy. You would have to prove that the airbags should have deployed in an accident such as yours and you also would have to prove that had the airbags deployed they would have prevented the injuries you sustained. Also there may be a case for negligence if you did not receive notice of the recall before the accident occurred. Given the nature of this case and your significant injuries, I would recommend that you promptly consult the services of an attorney to advise you on this matter.
    Answer Applies to: California
    Replied: 8/14/2012
    Sedin Begakis & Bish | Mindy Bish
    This is what is known as a product liability case. An expert would be hired who would look at the information related to the airbag and ascertain if the airbag should have deployed and if not why it did not deploy. If that expert believes that there is evidence of a malfunction of the airbag then yes you would have a case. The defense may raise an issue related to whether you had the airbags replaced due to the recall and why not.
    Answer Applies to: California
    Replied: 8/14/2012
    Goncalves Law Office | Humberta Goncalves-Babbitt
    You may have a very good case. However, you need to contact an attorney who can review all of the details of your case and give you an assessment of your case.

    You did not indicate the date of your accident.

    Please do not wait too long before contacting an attorney as in RI you only have 3 years in which to file.
    Answer Applies to: Rhode Island
    Replied: 8/14/2012
    Lapin Law Offices
    Lapin Law Offices | Jeffrey Lapin
    It is possible you might have a claim against the car manufacturer. More information would be needed to give a more definitive answer though.

    One issue would be whether you received notice of the air bag recall but did not do anything about it.

    If so, you may not have a claim as you had been given the opportunity to have the air bags fixed but chose not to. You should talk to an attorney about the case so they could get more information and make a stronger determination whether you have a case.
    Answer Applies to: Nebraska
    Replied: 8/14/2012
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Possibly. But, car manufacturers are extremely difficult to sue. They have vast resources and experienced lawyers who are experts at defending them. You don't just need a lawyer, you need a lawyer who has brought these kinds of cases before. Expert witnesses will be required. This will be a very time consuming and expensive case to bring.
    Answer Applies to: New York
    Replied: 8/14/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    Doesn't sound like it. As the air bag in your car would have to be defective and because it was defective your injuries would have had to be worse because you had no airbag. The recall may not have anything to do with your injuries. Talk to a "products liability" attorney who has tried cases against automobile manufacturers.
    Answer Applies to: Iowa
    Replied: 8/14/2012
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    The air bags are deployed when there is a force applied to a sensor located in the bumper (there are 4-6 such sensors) or else in certain areas of the side of the car.

    If your impact did not hit a sensor, then the air bags would not deploy. You need to get photos of the car, especially where ever there are signs of damage; if there is damage where a sensor is located, then perhaps you have a claim against the manufacturer for the faulty airbags.

    Now, the issues are:
    1) when was the airbag recall,
    2) were you registered with the manufacturer as being the owner of the car, and
    3) have you changed your address without leaving a notice of address change with the post office?
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Stephens Gourley & Bywater | David A. Stephens
    You would have case if you could prove that the damages you suffered in the rollover were caused by a defect in the vehicle.
    Answer Applies to: Nevada
    Replied: 8/14/2012
    Gonzalez & Cartwright, P.A.
    Gonzalez & Cartwright, P.A. | Charles Cartwright
    An attorney would have to have the vehicle inspected to determine whether the airbags should have deployed. It would also depend on whether your injuries were causally related to the airbag failure. It seems like you had a very serious accident, I would not rely on an internet posting to determine your rights.? You should speak to a lawyer.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Lee Law Group | Ernest Lee
    Friend: If your injuries were caused by the faulty airbags you most certainly can due the, for their defective product.
    Answer Applies to: California
    Replied: 8/13/2012
    The Lucky Law Firm, PLC
    The Lucky Law Firm, PLC | Robert Morrison Lucky
    You may have a products liability case against the manufacturer. However, if the company issued a recall and no action was taken, the liability likely will not rest with the manufacturer. It is very important that you keep possession of the vehicle if you wish to pursue the case though. An expert will need to inspect the vehicle to determine if there was a defect of some kind. Otherwise, you may only have a claim against the at-fault party and his/her insurance company. Please feel free to contact my office with any questions.
    Answer Applies to: Louisiana
    Replied: 8/14/2012
    Havens & Lichtenberg PLLC
    Havens & Lichtenberg PLLC | Michael Lichtenberg
    It sounds like you do have a claim against the manufacturer. Look for an attorney who specializes in product liability litigation.
    Answer Applies to: New York
    Replied: 8/14/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    If you knew it was recalled and did not try to get the stuff repaired, then no
    Answer Applies to: New Jersey
    Replied: 8/10/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    If you did not have it fixed, in accordance with the recall how is that the manufacturers' fault. Ion the facts given I do not believe you have much of a case.
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    Whether you have a case depends on

    1) whether the type of collision is one where the air bags should have deployed (usually front- or rear-end accidents, but not necessarily rollover accidents depending on the type of airbags with which your vehicle was equipped), and

    2) whether it could be shown that your injuries would have been significantly less severe had the air bags deployed.

    You would need to still have the vehicle available for inspection by experts.
    Answer Applies to: Florida
    Replied: 8/14/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Did you have the bags replaced pursuant to the recall?
    Answer Applies to: Michigan
    Replied: 8/14/2012
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    You would have to be able to connect your injuries to the failure of the airbag to deploy. That is usually done with expert testimony. There are a lot of other issues, too. You need an attorney that is experienced in product liability cases ASAP.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Not all the info needed. Airbags are not designed to insure that you have zero injuries. They are designed to keep you from being thrown through the windshield. They are not designed to protect you when you roll a car 3 times and hit a pole. The airbags did not cause your injuries. Your driving did.
    Answer Applies to: North Carolina
    Replied: 8/14/2012
    Law Offices of David M. Blain
    Law Offices of David M. Blain | David Blain
    You have described what is called a products liability lawsuit. These are general very difficult and expensive cases because the defendant is a big corporation, i.e. Ford or Toyota or Honda or whoever made your car. And in these types of cases you have to be able to prove there was some sort of defect with the vehicle and that defect was a substantial cause factor in causing your injuries, and this is proven usually through expert testimony. A plaintiff who successfully brings a products liability lawsuit is entitled to damages, which include payment for past and future medical expenses, past and future lost wages, pain and suffering and other potentially available damages. My office handles these types of cases routinely, and we do so on a contingency fee basis. What this means is, if we accept your case, we would pay for the costs of the lawsuit and would not be reimbursed those costs and our attorney's fees unless we obtained a settlement or judgment in your favor.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Offices of David W. Hibbert
    Law Offices of David W. Hibbert | David W. Hibbert
    Sounds like you were aware of the recall and had not taken it ion for the recall? That could be a big problem depending upon your state laws as to contributory negligence. The time between purchase and the notification and the crash are all important to answering fully your inquiry. You consult an attorney in your state regarding these issues.
    Answer Applies to: Georgia
    Replied: 8/14/2012
    Law Offices of Linh T. Nguyen
    Law Offices of Linh T. Nguyen | Linh T. Nguyen
    It?s possible that you have a case. This is a complicated product liability/personal injury case. You should immediately consult with an attorney experienced in this area. Most attorneys give free consultations so take advantage. Good luck.
    Answer Applies to: California
    Replied: 8/14/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You should contact a personal injury attorney for a full consultation.
    Answer Applies to: Texas
    Replied: 8/14/2012
    Reeves Aiken & Hightower | Arthur K. Aiken
    You may have a case. Cases against motor vehicle manufacturers are very complicated, so you will need to have it evaluated by an attorney with experience handling those types of cases. I would get on the internet, find a lawyer and have your case evaluated as soon as possible.
    Answer Applies to: South Carolina
    Replied: 8/14/2012
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    You may have a case against the manufacturer, feel free to call our office for free no-obligation advice.
    Answer Applies to: New York
    Replied: 8/14/2012
    Tuttle and Associates | Jeffrey Brook Tuttle
    That is an uphill battle. I would not take that case and that is what I do.
    Answer Applies to: Washington
    Replied: 8/14/2012
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Crash worthiness cases are a very specialized field. There are a number of good attorneys that practice that type of law in Washington State.
    Answer Applies to: Washington
    Replied: 8/14/2012
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You need to consult with an attorney who practices in the area of "product liability".
    Answer Applies to: Washington
    Replied: 8/14/2012
    Bruce Plesser | Bruce Plesser
    Yes.
    Answer Applies to: Florida
    Replied: 5/29/2013
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