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The Airbag Didn't Deploy. Does This Mean A Lawsuit?

Were you or someone you care about recently involved in an accident where your airbag did not deploy? Especially if there were injuries involved, you may feel let down by the manufacturers of your airbag system and vehicle. However, you may or may not have grounds for a product liability case. Let's look at some situations where an airbag failing to deploy may not lead to a product liability case.

No injury

The first question to ask in a potential product liability case is if the consumer suffered a loss. If not, then there would be no grounds for a case. A product may have malfunctioned badly, but if there was not an injury or monetary loss, then there is nothing to sue for.

In the same way, if your airbag failed to deploy but you did not suffer an injury, you would not have a case. Since the point of airbags is to increase safety, and you did not suffer harm as a result of your airbag's failure to deploy, you would not have a reason for a product liability claim.

Evidence of tampering

If the airbag or its surrounding components were altered in any way after the vehicle was initially sold, this may make it difficult to build a solid product liability case. You could still have grounds for a case against the business that maintained your airbag system after purchase, though.

Perhaps you bought the vehicle from a previous owner and were not up on previous repairs done that may have compromised your airbag system. It would be difficult to prove product liability in that case. Especially if you personally did any alterations or repairs to your airbag system, you would have difficulty building a case.

Airbags are not meant to deploy every time

Airbags are not designed to deploy in all crash scenarios. Airbags deploy in a fraction of a second and at speeds of 100 miles an hour. There are also dust particles and chemicals involved when this takes place. For this reason, there is a very real risk of injury from the airbags themselves when they deploy. Manufacturers realize this and only design airbags to trigger during potentially serious accidents.

An airbag flying in your face after a minor accident would likely cause greater injury than your accident. The most crucial need for airbags is during head-on crashes and when your vehicle is traveling at high speeds. These are the types of accidents that most frequently cause serious injury and loss of life.

If you or someone you love has bee injured in a car crash involving an airbag that did or did not deploy, contact a personal injury lawyer for direction about the next steps that you should take.

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