What should I do if I was injured in a vehicle that has been recalled? 18 Answers as of May 06, 2011

My mother was driving and hit a pothole in the street and her airbag deployed, I looked it up on the computer and it said there was a recall for the airbags on this vehicle. She had to go the emergency room because of the powder from the airbag burning her face. What do I need to do at this point?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Depending on the severity or permanency of her injuries, she should seek the assistance of counsel. Do the same search on the computer for the firm that is handling the class litigation for that defective airbag. If there is no class litigation, yet, and your mom's injuries are permanent, contact a lawyer you trust to handle her claim or to get her in touch with a firm that is willing to pursue the matter, individually, if her injuries are severe enough to justify the expense of a products liability claim. The experts in a product claim can cost tens of thousands of dollars. Stay well.
Answer Applies to: Alabama
Replied: 5/6/2011
Ciccarelli Law Offices
Ciccarelli Law Offices | Lee Ciccarelli
Consider speaking to an experienced personal injury lawyer. Our office provides a free initial case evaluation.
Answer Applies to: Pennsylvania
Replied: 5/5/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
You need to know why the airbag was recalled and if that had anything to do with it deploying unexpectedly. Tell your mother to consult an attorney. Unless she has damages it is expensive to pursue a products liability case.
Answer Applies to: Virginia
Replied: 5/4/2011
David B. Sacks, P.A.
David B. Sacks, P.A. | David Sacks
If the vehicle has been recalled and the reason for the recall is the reason for your injury, then you may have a claim for defective products negligence. You would have to sue the manufacture of the vehicle.
Answer Applies to: Florida
Replied: 5/4/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
You need to hire a products liability attorney. The car maker will just give you the run around.
Answer Applies to: California
Replied: 5/4/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you were not injured, you need to do nothing. If your Mother was injured, she needs to determine how serious the injury is. Start by filing a claim with the auto manufacturer.
    Answer Applies to: California
    Replied: 5/4/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    1st need to have your mother get whatever medical treatment is necessary. 2nd need to contact the car dealership and manufacturer. 3rd need to determine try and settle claim for an amount that will compensate your mother for the injuries. However, all of these issues and other issues will require that you discuss all of this with an attorney since you will need to establish liability and damages. It is too complex to handle on your own. A lawyer will need to help you.
    Answer Applies to: Delaware
    Replied: 5/4/2011
    Allegretti & Associates
    Allegretti & Associates | James L. Allegretti
    First you must determine what the recall was for. Then, if the airbag was defective and that defect caused an injury you probably have a case. However, product liability cases are expensive because of the expert witness costs. So if your mom's injury are not severe it might not be economically feasible to proceed.
    Answer Applies to: Illinois
    Replied: 5/4/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Personal injury questions are often difficult to answer because of the need to look at all of the facts, something that is difficult to convey in an email. The one thing that jumps out at me in this case is the question of damages. In other words, how bad are the injuries and do they merit a lawyer getting involved. If it is just an ER visit with no other treatment and no permanent injury, the case will not warrant involving a lawyer. If that is the case, you should contact the manufacturer and see if you reach a settlement. If the damages are significant, consult an experienced personal injury attorney.
    Answer Applies to: Virginia
    Replied: 5/4/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You do not state why the airbags were recalled. You need to establish a connection between any defect in the product and the injury suffered. Contact a personal injury firm that has brought such an action involving air bag deployment.
    Answer Applies to: Connecticut
    Replied: 5/3/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    While the manufacturer may be liable for her injuries, as a practical matter, her damages may not be significant enough for an attorney to bring the case to court if her only medical treatment was "treat and release" at the Hospital. If that is the case and she has health insurance, I wouldn't worry about it. If she has some permanent impairment, I would contact an attorney who practices in personal injury law (I would be happy to discuss it with you). Products liability cases are very complex. Unfortunately, they are also expensive to bring to court. You have to retain an expert who can testify that the vehicle was unreasonably dangerous because of a design or manufacturing defect. The expert fees can be as low as $5,000.00 and as high as $100,000.00 (even more ins some cases). A recall, in of itself does not establish that the product was unreasonably dangerous because of a defect.

    Fixing a problem after it is recognized may not mean their was a defect at the time it was manufactured if they used the best available technology at the time, or if their was no way to foresee the defect. If you cannot find a lawyer to represent her, you might write the manufacturer , send the medical bills, and demand payment. They might just agree to settle.
    Answer Applies to: South Carolina
    Replied: 5/3/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    She likely has a products liability case for her injuries as the airbag should not have deployed hitting a pothole. Call our office we can help her.
    Answer Applies to: Pennsylvania
    Replied: 5/3/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Contact a products liability attorney; that is far too difficult to try to take on yourself.
    Answer Applies to: Florida
    Replied: 5/3/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Call manufacture of vehicle. They will want to inspect vehicle. They should pay you for your damages.
    Answer Applies to: Alabama
    Replied: 5/3/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    We need to know why the airbags were recalled. There must be a causal connection between the injury and why the airbags were recalled.
    Answer Applies to: Illinois
    Replied: 5/3/2011
    Garruto & Calabria, LLC
    Garruto & Calabria, LLC | Andrew F. Garruto
    You first have to learn the reason for the recall. Your mother's car's airbags may not have been defective - just because there is a recall on the airbags, doesn't mean every airbag is defective. Actually, the fact that they deployed may mean that they functioned properly, but again you have to learn the reason for the recall. It might be the packing material that caused your mother's burns. Call your personal injury attorney, or if you don't know one, call your lawyer and ask if they can refer you to a personal injury lawyer to evaluate the claims.
    Answer Applies to: New Jersey
    Replied: 5/3/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Call personal injury attorney who also handles product liability cases.
    Answer Applies to: Florida
    Replied: 5/3/2011
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