Legal Question in Personal Injury in Delaware

can i sue a car company for air bags not deploying


Asked on 11/21/12, 8:35 pm

1 Answer from Attorneys

E. Martin Knepper Knepper and Stratton

You can sue anybody for anything. The question is can you successfully sue a car company in Delaware for airbags not deploying? The simple answer is that it is very hard, it costs a lot of money (between $15,000 and $50,000.00) and it will take several years. It would be necessary to store and preserve the car in the state it was in as a result of the accident. If you are thinking about pursuing a lawsuit you need to hold onto the car and not fix it.

Unless someone suffered a catastrophic injury as a result of the airbags not deploying, it is unlikely that you will find an attorney who is willing to take the case because of the cost. In addition bringing a products liability suit in Delaware is more difficult than other States because Delaware does not recognize the RS Torts 402A which allows for strict liability in products liability cases.

If you wish to discuss it further please feel free to call me at my office (302)658-1717 during normal business hours.

E. Martin Knepper, Esq.

Knepper & Stratton

1228 North King Street

Wilmington, DE 19801

(302)658-1717

www.knepperstratton.com

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Answered on 11/21/12, 9:24 pm


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