In November 2013 I was in a car accident (other drivers fault) I hit the other driver going 45mph all my airbags deployed EXCEPT the one in the steering wheel and my seat belt did not lock. I have a 2014 Ford Fiesta, the insurance company decided not to total the car and paid $13,000 in damages. Since then my car has a number of issues.
You can sue anyone but you will have to do it on your own. A product liability suit could only be viable if you had catastrophic injury (think paralysis or brain damage). You would have to sue Ford and the airbag producer. Put in perspective, you could buy at least 10 new Ford Fiestas for what it would cost to prosecute the action. Even if you won, you have no damages so there would be no recovery.
If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.
I will add to what my learned colleague and friend, Mr. Candiano, has said and merely tell you a few other things.
Air bags don't always deploy in every situation.
Even if they don't, unless you are injured catastrophically (loss of an eye, major fractures, surgery), a products liability case will be far more costly than any damages you may have.
If you were not injured at all, which appears to be the case, there is no basis for a PL case anyway. Have your insurance company get the car up to snuff. If there is an issue, they can fight with Ford.
The decision to total a car is up to the insurance company, so that has nothing to do with anything.
This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.
I agree with the other excellent responses you received. Product liability cases are quite difficult and expensive to prosecute. You must have experts engineer witnesses which will charge an arm and a leg. The damages must be so extreme as to justify the time and expense. Best wishes.
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