Best you call one of us avvo attorneys for free advice. It sounds like you have a good case, but a lot of issues need to be discussed, beyond this forum. Many of us are open weekends. Call or email any of us.
These are very technical and very expensive cases to litigate. Expect that your attorney will spend $100k on experts and investigation. As a result, they are only worthwhile to pursue if the damages are very high, and the damages were caused by the failure of the airbags to deploy. A whiplash and thigh bruise are not sufficient. Depending on the nature of your low back injury and whether you have a Traumatic Brain Injury from the "dent", those injuries could push you closer. You will need a detailed consultation with some PI attorneys to evaluate whether your case is worth pursuing.
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You inquiry asks if you have a case because the airbags did not deploy. A product liability case is a case against a manufacturer and against all those directly in the marketing chain of the product (wholesalers, distributors and retailers). Under California law, a manufacturer and those in the marketing chain are liable and legally accountable for defective products. Liability will be found if the plaintiff can prove that the product was defective and there is a sufficient causal connection between the defendant, the product and plaintiff's injury. Whether or not the airbags were defective and should have deployed will involve a complex analysis involving experts. You will need to consult with an experienced PI lawyer who can address those issues and find the necessary experts to determine if you have a case.
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