My Airbag Didn’t Deploy, Can I Sue the Car Manufacturer?

If your vehicle’s airbag did not deploy in an accident, you may be able to sue the manufacturer for product liability.

In this Litigation Guide article, we will help you understand your rights and if a product liability suit could be successful for your airbag not deploying.

Manufacturer Guarantees on Air Bag Deployment

Car manufacturers make written statements about the deployment of airbags on each vehicle. While they attempt to cover themselves with legal language, the fact of the matter is that they lead drivers to believe that an airbag will deploy in the event of a serious accident.

Few manufacturers will make guarantees about when its airbags will deploy. For example, you won’t read language that says “if you are involved in a crash going more than 15 mph, the airbag will deploy.”

Deciding Whether to Pursue a Product Liability Lawsuit

If you believe your airbag should have deployed and it didn’t, then your first step should be to discuss your case with an experienced litigation attorney who specializes in product liability. The liability attorney will review all the records related to the case. For this, you will need the accident report filed by the police officer on the scene.

If there are medical records showing the extent of your injuries, the litigation attorney will want to review those as well. In addition, all information supplied by the car manufacturer will be closely studied to determine what claims are made related to the effectiveness of the airbag system.

Using an Expert to Help Make your Case

Your litigation attorney may want to have an engineer look at all of the facts in order to help determine whether or not the airbag should have deployed. The engineer will take into consideration the speed of the vehicles involved and the type of accident that occurred. If the expert engineer can testify that the airbags should have opened, your case will be strengthened.

Most litigation attorneys offer free case evaluations. Contact several and make an appointment to discuss the situation. Bring your medical records along with the police report to the meeting. This will give the liability attorney the best opportunity to evaluate your case and advise you whether or not a class action lawsuit  or personal injury lawsuit should be filed. You might need to meet with several before you find a litigation attorney who believes you have legitimate grounds for a liability lawsuit or the expertise to win one.