If air bags did not deploy in an accident, is the manufacturer liable?

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If air bags did not deploy in an accident, is the manufacturer liable?

I was struck from behind by an 18 wheeler on the highway. Hit concrete median and struck twice more by same 18 wheeler. Walked away from accident but the air bags did not deploy. Might have a shoulder injury requiring surgery still trying to figure that out. Should I go after automobile manufacturer for anything because the air bags did not deploy? Is a 2004 vehicle that I bought new. First accident in car.

Asked on December 9, 2010 under Personal Injury, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the air bags should have deployed--i.e. this was within the parameters of when they should deploy--and they did not due to some design, manufacture, etc. defect, you may have a product liability lawsuit against someone: manufacturer, installer, etc. If you do, you could recover medical costs, lost wages, other out-of-pocket costs, and possibly pain and suffering. You should discuss  the matter with a personal injury attorney to evaluate whether you have a case and what it might be worth; many PI attorneys will provide a free initial consultation to discuss a case, and many will also take a case like this on contingency (they are paid if you are paid).


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