Liability for Airbags not Deploying
The law surrounding car malfunctions is complex and ever-changing. Airbags that fail to deploy in expected situations can cause serious injuries and medical expenses, leading to the question: Can you sue a car company for airbags not deploying? The answer hinges on the laws in any given jurisdiction as well as the circumstances of the crash.
In many cases, car companies cannot be held responsible for malfunctioning airbags. Airbags are safety devices and may not always deploy even when they are properly installed. Depending on the severity of the accident and the type of airbag, they may be supposed to deploy. Police reports, crash tests and information released by the National Highway Traffic administration can help to determine if an airbag should have deployed.
It is possible, however, that a car company may bear some responsibility when airbags do not deploy as expected. This can include failed wiring, a defective airbag unit, or a computer error. For example, a manufacturing defect in the car’s design or wiring could fail to trigger the airbag and lead to the malfunction. Faulty parts are often to blame. Furthermore, features like an onboard computer that controls the airbags can have their own set of problems.
A lawyer experienced in product liability cases can help to determine who is accountable for airbag malfunctions. It all depends on the type of airbag, the cause of the failure, and the jurisdiction. In many cases, testing can be conducted to determine the exact cause of an airbag failure. Ultimately, if a car company is found to be accountable, plaintiffs may be able to seek damages for injuries and emotional trauma.
Attorneys and legal professionals can analyze the facts and offer advice on whose responsibility the malfunctioned airbag may be. Either way, if you or a loved one was injured due to a malfunctioning airbag, it is wise to consult a lawyer and determine who is responsible for the damages.
A Look at the Legal Standing on Airbag Malfunctions
The laws governing car accidents and defective products vary from state to state, but generally, the company that designed, manufactured, sold or leased the car can be held accountable if an airbag malfunctioned due to a defect that caused injury or death. That is, a plaintiff must prove that the product was defective when it left the manufacturer and that defect caused the injury. Additionally, the driver must show that he or she had no knowledge of the defect prior to the purchase or use of the product and that the defect caused injury or death.
For instance, a person might be able to sue a car company if they are injured because an airbag that was supposed to deploy during a crash did not. However, the plaintiff will have to prove that the car company knew of the defect and did not properly warn the consumer or repair the defect in a timely manner.
In order to prove that the car company failed to disclose warnings and repair the defect, evidence must be presented to show that the defect existed for some time with no corrective action taken. The individual must also provide evidence of warning or notification from the company of the possibility of injury from the airbag malfunction.
However, if the evidence does not show that the car company was aware of the defect, the court may find that the injury was due to the driver’s negligence and not the car company’s fault.
Understanding Automobile Defects
The idea of product liability as it pertains to automobile defects relates to an accident or injury caused by an automobile component, such as an airbag. It deals with the question of whether an automobile manufacturer can be held liable for an accident caused by a automobile component defect, such as an airbag failing to deploy.
The law states that a vehicle manufacturer is responsible for putting a safe and working product on the road. This means that the automaker must make sure all components are safe and working correctly. If a component of the vehicle is found to be defective or not working correctly, the manufacturer can be held legally responsible for any injuries caused by the component.
In certain cases, the manufacturer can be held liable for an accident or injury even when the component was designed safely and is working properly. This is known as “strict liability”. In a strict liability situation, the manufacturer does not have to have knowledge or proof of negligence on its part.
The court will take into account all relevant facts surrounding the accident or injury when deciding whether the automaker is legally responsible for the damage. If a court determines that the injury was caused by a defect in the automobile, then it may award damages to the injured party.
The Value of Expert Witnesses in Airbag Accident Cases
In some cases, automobile accidents resulting in serious injury or death involve approved and certified car safety devices. Therefore, it is important to understand the underlying principles of the safety device and the forces of the accident.
An expert witness can be helpful when it comes to analyzing the incident and providing information about the safety device that may have caused the injury. For instance, an expert witness in a car accident caused by a defective airbag can provide insight into the design, installation and maintenance of the airbag, as well as the forces involved in the accident. The expert witness is also able to provide a scientific explanation for the events that lead to the injury.
The expert witness will provide testimony under oath, offer their opinion and knowledge of car safety devices and their operations, and explain the interactions between various forces involved in the accident. They may also provide valuable information to establish the cause of the malfunction.
Airbag Regulations and Safety Requirements
Automakers include airbags in vehicles to protect occupants in the event of an accident. The National Highway Traffic Safety Administration (NHTSA) regulates the manufacture of airbags and other safety devices to ensure their safety and efficacy.
The NHTSA issues standards that set out criteria to help manufacturers determine the design, installation, and performance of their airbags and other safety devices. These standards help to ensure that the components function as designed and protect occupants from injury in the event of an impact or crash.
In order to meet the NHTSA standards, airbags must have a threshold level of performance that can be measured through crash tests. Airbags must activate when the vehicle reaches predetermined speeds and under predetermined forces. If an airbag fails to activate as required, it can be assumed that there is a defect in the airbag or wiring that caused the malfunction.
As an additional measure of safety, many manufacturers incorporate additional sensors in their airbags that determine the level of impact and adjust the activation of the airbags accordingly. However, if these fail and the airbags do not activate as expected, the manufacturer of the vehicle may be held liable for any injuries incurred.
The Consequences for Car Companies
Car companies have a responsibility to ensure their vehicles are safe and that any defects are reported promptly to the NHTSA. If it is found that the car company was aware of the defect, failed to inform the NHTSA, and failed to correct the defect, they can be held accountable for any injuries resulting from the malfunction.
In such cases, it is important to note that the car company must be found to be at fault, and that it was aware of the defect. Manufacturers may also face hefty fines and penalties if they are found to be in violation of any safety regulations, such as the NHTSA standards.
Car companies are also notorious for attempting to downplay the seriousness of their errors or pass the blame to other parties. As such it is important for any individual who has been injured due to airbag malfunction to consult a lawyer to determine if the car company is liable for the injury.
Car companies can also be held liable for their failure to fix the defect in a timely manner. Many times, auto recalls are issued when the manufacturer identifies a hazardous defect in the vehicle. If the manufacturer failed to properly inform consumers of the defect or recall, the car companies can be held liable for any injuries that may result from the malfunction.
