If you are injured by your airbag, who is at fault? The answer depends on the answers to several questions. Continue reading to get the facts and then contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
Airbags Should Keep You Safer
You might have read a good deal about how airbag injuries in recent months, and for a good reason: These are devices meant to protect you. When they do the opposite and actually hurt someone, it is a tragedy. At The Law Offices of Larry H. Parker we have helped clients with Takata airbag cases but they are far from the only airbags that can harm a driver or passenger.
You Could Suffer from a Number of Injuries Caused by Airbags
There are many ways a person can be injured by an airbag. It might be that they were involved in a car accident in which the airbag should have deployed but did not. If you were clearly injured well beyond what you would have if the airbag had deployed, then it is possible someone could be held accountable. You could also be injured by an airbag that deploys when it shouldn’t, or that malfunctions when it deploys.
Even Airbags That Are Working Properly Can Injure You
It is important to know that just because you were injured by an airbag, that does not mean that someone was at fault. They are designed to lessen impacts but they cannot necessarily protect everyone from every injury. Likewise, they do not work equally for all people., One study found that a person taller than 6’3” had a 5% higher risk of serious injury from an airbag compared to a person of average height. People 4’11” and under had a 4% higher chance of injury than the average height person.
An Individual Could Be at Fault
If another driver was responsible for the crash, then it could be that they are at fault for your injuries too. This could be true even if your airbag did not function normally or correctly. You might also be able to file a lawsuit against both the individual who caused the accident and one or more of the parties below.
Automakers Might Be Held Responsible
If the reason the airbag did not work correctly was due to the airbag not being installed correctly, or the vehicle did not have the right advisories showing you how and when the airbag would deploy, then the manufacturer of the vehicle could be held liable.
The Fault Might Lie with the Airbag Manufacturer
If the airbag design itself was defective, then you could sue the company that designed it and/or manufactured it. This would be a strict liability claim, which means you do not have to prove that the company was negligent – only that their product was defective and that this defectiveness caused your injury.
If you would like to learn more about your options and the ways in which The Law Offices of Larry H. Parker can help you, contact 800-333-0000 for a free legal consultation.