Air bags didn’t deploy

UPDATED: Feb 18, 2019

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Air bags didn’t deploy

Hit black ice and had a rollover off side of
embankment. Was driving a 2001 Subaru outback
and air bags didn’t deploy should they have?

Asked on February 18, 2019 under Accident Law, Utah


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you were injured, you have claims against the manufacturer of the airbag, auto manufacturer, auto dealer where you purchased the car.
Prior to filing a lawsuit against the above parties, it may be possible to settle the case with their insurance carriers.
Notify each insurance carrier in writing that you will be filing a personal injury claim. When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain  your medical bills, medical reports and documentation of wage loss.
Your personal injury claim filed with the above insurance carriers should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injuries and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with all of the above insurance carriers, NO lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for negligence and strict liability against the above parties with whom the case has NOT settled.  If the case has settled with any of the above (airbag manufacturer, auto manufacturer, auto dealer) don't include them in the lawsuit.
The causes of action (claims) in the lawsuit will be negligence and strict liability.  These are separate causes of action.
Negligence on the part of the airbag manufacturer is the failure to exercise due care to produce a product that is not defective.
The auto manufacturer is liable for negligence for failure to exercise due care (that degree of care that a reasonable auto manufacturer would have exercised under the same or siimilar circumstances to prevent foreseeable harm).
The auto dealer is liable for negligence for failure to exercise due care (that degree of care that a reasonable auto dealer would have exercised under the same or similar circumstances to prevent foreseeable harm).
The auto manufacturer and auto dealer are liable even if they could not have known the airbag was defective.
Strict liability against the airbag manufacturer, auto manufacturer, and auto dealer is liability whether or not due care was exercised.
If the case is NOT settled, your lawsuit for negligence and strict liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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