If I was in a wreck and totaled my truck but the airback failed to deploy, can I sue the manufacturer of my truck?

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If I was in a wreck and totaled my truck but the airback failed to deploy, can I sue the manufacturer of my truck?

I hit another vehicle at 60 mph in the rear. I was slammed into my dash. I now have neck pains and back pains. I’m worried and stressed that I may develop major body pains over the years. We depend on our airbags. Should I be compensated for this defective equipment?

Asked on April 11, 2012 under Personal Injury, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Speak with a personal injury attorney. If the airbag should have deployed--which it presumably should have, at that speed--and if you can show that the failure to deploy contributed to your injuries, then you may have a legal claim for medical costs, pain and suffering, and lost wages (if any). Depending on what caused the failure, your claim may be against the manufacturer  (of the car and/or of that part), or against a dealer or service station which damaged or disconnected the bag during maintenance.


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