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deployed-air-bagAn issue that comes up from time to time is whether someone can file a lawsuit against their car manufacturer if they are in a collision and their airbags don’t deploy.   The short answer is maybe.
Frontal airbags are designed to deploy in moderate to severe frontal or near frontal impacts. So if you’re hit from behind don’t expect an airbag deployment.
But what about those instances where there is a frontal or near frontal impact where the airbags don’t deploy?  Technically, you may have a cause of action in that instance.  However, when bringing suit against a multi-billion dollar car manufacturer, you need to bear in mind any potential recovery, and what it will cost to obtain such a recovery.
Successfully bringing suit against any manufacturer is a very expensive undertaking.   To prove a case against the car company for defective airbags you must generally prove that all such vehicles manufactured with those airbags are dangerously defective.  For that reason, car companies fight these cases vigorously, because if they should lose they may need to recall all those vehicles and fix them, costing many millions of dollars.
For that reason, when analyzing whether it makes sense to file suit, lawyers have to look at the injuries sustained as a result of the airbags failing to deploy.   If the injuries are not truly catastrophic, like death or rendering someone a quadriplegic or the like, it doesn’t make sense from a lawyer’s standpoint to file suit.  It’s like any business decision: Are you going to invest hundreds of thousands of dollars to realize a return on that investment of perhaps tens of thousands of dollars?
So the overriding concern from the lawyer’s standpoint in a case where airbags didn’t deploy is, what are the injuries?   If the injuries are truly horrendous, then maybe it makes sense.  But if the injuries are not unquestionably life changing, it would be hard to for a lawyer to justify taking such a case.
If you have been injured because of the negligence of others, call MacCloskey Kesler and Associates now for a free consultation at 815-965-2000.