If you were recently severely injured in a car accident that was not your fault, and the car airbags did not deploy, you may be wondering if you have any legal recourse against the manufacturer of the automobile or the airbags themselves. Continue reading to learn what you need to know about filing suit against an automotive manufacturer for defective airbag systems that did not work in a car accident that you are seriously injured in.
Defective Airbag Systems
Airbag systems are standard in most modern vehicles. Although they are designed to save lives and significantly reduce injuries to drivers and passengers, airbags are not always 100% reliable. When automotive airbag systems fail to deploy or deploy defectively in a motor vehicle collision, injured victims may have a valid product liability claim if they suffered damages as a direct result of the product defect. In a typical car accident situation, the legal recourse would be pretty straightforward: the injured victim would file a personal injury claim with the at-fault party’s insurance company, and with success collect compensation for their damages and losses.
However, some car accidents are more complex than this. Sometimes, third-party car accident injury claims can have more than one at-fault party to blame for the accident, like in the case of a multi-car accident or automotive manufacturing defect. More specifically, when defective airbag systems fail to do their job, and as a result, a driver or passenger is severely injured more so than they would have been had the airbag deployed and done its job.
Product Liability Lawsuits
In the case that an injured driver or passenger suffers damages and losses as a result of another driver’s negligence, they could file a claim with that driver’s insurance company to collect compensation for medical expenses, hospital bills, lost wages at work, pain-and-suffering, property damages, and much more.
However, if during the accident the airbags did not deploy or deployed wrong because of a manufacturing defect, and as a result the driver or passenger was injured more severely, they could also potentially pursue a product liability lawsuit against the automaker or the manufacturer of the airbag system in addition to their car accident injury claim. In order to do this though, you would need evidence that the airbag was defective.
Most common kind of product liability lawsuits involving airbag systems:
▷ Design Defects – Before the manufacturing process can begin, the design phase must take place. Sometimes, especially in the case of defective airbag systems, the design of a product is flawed, which can lead to product liability lawsuits.
▷ Manufacturing Defects – Manufacturing defects are one of the most common types of product liability cases within the airbag and automaker industry. Although the design of the product may be sound, negligence can occur or mistakes can be made in the manufacturing process, which later can cause defective airbag operation.
▷ “Failure to Warn” Negligence – Manufacturers have a duty of care to warn consumers of any foreseeable dangers and hazards with their products. When it comes to airbag systems, some product liability cases arise because the airbag manufacturer failed to place a warning on the airbag against children sitting in the front seat of vehicles.
Are you a victim of a wrongful car accident or defective product in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation with a seasoned Indianapolis accident lawyer you can trust. We represent clients throughout the state of Indiana.