Can a used car be sold without them checking the airbags?

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Can a used car be sold without them checking the airbags?

My brother was in an accident and he was driving. He hit a pot hole on the side of the road that caused him to lose control. My concern is neither the passenger or driver airbag deployed. He, as well as his passenger, was injured. On his contract it states the airbags were not checked and it was his responsibility to check.

Asked on May 13, 2013 under General Practice, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, when a used car is sold, there is no  obligation to test or check all the equipment in it, including safety equipment. The seller is not allowed to conceal any defects of  which it is aware, or reasonably suspects exist, but that does not put on it an affirmative duty to check the equipment--especially when your brother  bought the car  via a contractwhich stated that he was assuming the responsibiltiy to check the airbags, and thus bought the car knowing they had not been checked.


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