Air bags didnt deploy in auto accident

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Air bags didnt deploy in auto accident

Rolled my 2014 Jeep Compass end over end
and airbags never deployed…neither front or
side airbags and I suffered a head injury from
coming out the top of my seatbelt. Do I
potentially have a case against Jeep?

Asked on February 6, 2018 under Personal Injury, Alabama

Answers:

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

Answered 3 years ago | Contributor

You have a claim against both the manufacturer of the airbag and the manufacturer of the vehicle.
Your claims are for negligence and strict liability.  Negligence is the failure to exercise due care to produce a product that is not defective.
Strict liability imposes liability whether or not due care was exercised.
Prior to filing a lawsuit against the manufacturers of the airbag and vehicle, it may be possible to settle the case with their insurance carriers.  Notify in writing the manufacturers of the airbag and vehicle, and their insurance carriers of your personal injury and property damage claims.  The personal injury claim is separate from your property damage claim.  The property damage claim is the cost of repairs to your vehicle.
Property damage is usually settled early in the case.
As for your 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.  Those items should be included in your claim filed with the insurance carriers for the airbag and vehicle manufacturers.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury 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 the insurance carriers for the airbag manufacturer and vehicle manufacturer, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance carriers for the airbag manufacturer and/or the vehicle manufacturer, reject the settlement offers and file a lawsuit for negligence and strict liability against the airbag manufacturer and vehicle manufacturer.
If the case settles with one but not both parties (airbag manufacturer and vehicle manufacturer), only name the party with whom the case has not settled as a defendant in your lawsuit.
If the case is NOT settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
 


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