If I was in a head on collision but the air bags did not deploy, do I have a good case to file a lawsuit against the manufacturer?

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If I was in a head on collision but the air bags did not deploy, do I have a good case to file a lawsuit against the manufacturer?

Last week I was the passenger in a car. The driver was getting off of a ramp and ran over a curb, running head-on into a pole. However, the airbags did not deploy. I was taken by paramedics and I sustained a bad contusion on my right shin. I estimate that the driver was going around 30 mph when he hit the pole.

Asked on July 14, 2011 under Personal Injury, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You might legally have a claim, in that, from what you write, there is a reasonable chance that you suffered some injuries due to a defective product--the airbag not deploying properly. However, practically, you probably do not. In a personal injury lawsuit, you can only recover an amount of damages--or money--commensurate with the injury you suffer, and the medical costs and lost wages (if any) you incur. You cannot recover more in compensation than the extent of your injuries and economic losses. If you only suffered a bad contusion, it is unlikely that your medical costs, lost wages, and pain and suffering would suppport the time, effort, and, most importantly, cost of a lawsuit, unfortunately.


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