I need to elaborate on my question about who is responsible when your air bags do not deploy...

I had two passengers in my car at the time of the accident. The air bags did not deploy. We all three were taken to a trauma center and spent the night. We all had chest and shoulder problems where we were thrown against the seat belts.. One passenger stayed four nights in the hospital then had to have additional therapy when she got home. Our hospital and doctor bills were well over $400.000. Do we have a cause for a law suit against the maker of the car???
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Answers (2)

Pamela Koslyn

Pamela Koslyn

Contributor Level 10
Ok, so all 3 of you do have damages. Each of you may have a claim against the car manufacturer if the air bags were defective in design or manufacture. Depending on the cause and type of accident, it's possible that they were not intended to deploy in this situation. These types of cases can be expensive to mount, as they require medical and product experts, reconstruction of the accident, etc.

Each potential claimant should get copies of all of their medical records resulting for this accident, and all of you should see a defective product lawyer to more fully disclose your situation and get some specific advices.

One thing you have to consider is that as the driver, any lawuit may result in a cross-complaint against you for contributory negligence.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Norman Gregory Fernandez

Norman Gregory Fernandez

Contributor Level 7
You may have a products liability cause of action against the car manufacturer or air bag manufacturer. Give me a call for a free consultation at 800-816-1529 ext. 1. I handle these cases all over California and have offices in Northern and Southern California.
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