We were in a road accident and my airbag failed to deploy, what are my rights if there was a safety recall on them?

UPDATED: Nov 19, 2014

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We were in a road accident and my airbag failed to deploy, what are my rights if there was a safety recall on them?

It is a new 4 month old leased car. There is a safety recall notice send for the vehicle for issues with the software regarding deployment of the front airbags when in an accident. During our accident, the front air bag did not deploy. I am scared now to drive the vehicle. Can this recall notice serve as the basis to get out of the lease?

Asked on November 19, 2014 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, a recall notice does not allow you out of the lease. A lease is a contract; a contract may only be terminated without penalty for a material (important) breach which is not cured, or correct; the recall notice *is* however an effort to cure or correct the problem, so the fact tha the car company is fixing the issue itself prevents you from using the problem as grounds to get out of the lease.

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