Can I Sue If I Have Suffered Airbag Injuries?
2 October 2018
Airbags can help protect you and other passengers from sustaining severe injuries in an accident. However, these protective devices can, sometimes, worsen accident injuries or deploy accidentally, causing serious injuries and, in some cases, death.
If you believe a faulty airbag caused or worsened your injuries in a car accident, you have the right to sue the people responsible by filing a product liability claim. Read on to learn more about filing a lawsuit for injuries caused by an airbag.
Identifying Defendants
The first step in a product liability claim is identifying the person or people who may be responsible for your injuries. These are known as the defendants. In this case, the defendants or the individuals whom you could potentially sue include the vehicle manufacturer, the airbag manufacturer, and the person who was responsible for inspecting and ensuring the airbags are in proper condition.
These are just a few of the defendants who may be liable for your injuries. Identifying everyone who may have been responsible for a defective airbag can be a complex process that requires the input of an experienced personal injury lawyer.
Proving Fault
If you decide to sue for airbag injury, you will generally need to present four things in court. You will present evidence showing that you were injured or suffered losses and that the airbag was defective.
Additionally, you must show that the airbag specifically caused your injuries and that you were using the car and the airbag in the way the manufacturer intended.
Injury or Loss
The court will only consider your claim if you can show that you suffered actual injuries or loss in the accident. Common types of airbag-related injuries include:
- Facial Injuries
- Upper Body Lacerations
- Heart Muscle Rupture
- Fetal Injury
- Respiratory Problems
- Brain Injuries
- Burns
- Spinal Injuries
- Internal Bleeding
These are a few examples of injuries that can be sufficient grounds for filing a product liability lawsuit. Your attorney can help you determine whether your injuries qualify for a product liability claim.
Product Defectiveness
Next, you must show the court that the airbag was defective. You could present different types of arguments, depending on the circumstances of your case.
For example, you could argue that the manufacturer made a faulty airbag. Additionally, you could present evidence showing that the design of the airbags from this specific manufacturer made the product inherently dangerous.
Injury or Loss Due to Product Defectiveness
In a car accident, many things could injure you and the passengers in the vehicle. To make a successful product liability claim, you must show in court that the airbag was primarily responsible for causing your injuries.
Examples of defective airbag problems that can cause injuries include late deployment, failure to deploy, excessive deployment, or accidental deployment where the airbag deploys for no reason or following a low-impact collision, causing avoidable injuries.
Proper Use of Product
Lastly, the manufacturer or any other person cannot be responsible for your own actions that may have led to the airbag injuries. You must show the court that when the accident occurred, you were using the airbag, related components, and the vehicle the way the manufacturer intended.
If you successfully prove these four elements, the court will award you monetary damages. Monetary damages are a sum of money to compensate for expenses such as medical bills and lost wages due to the injuries.
Personal injury claims due to a defective product can be complex. This is because you are typically going up against a large corporation and several people may be liable for the injuries caused by the defective product. An experienced personal injury lawyer can help you prepare a strong defense.
If you have suffered injuries when an airbag deployed in a car accident, get in touch with Frederic M. Rosen, PC
to explore your legal options.
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