Legal Question in Product Liability in New York

Airbags Failed to deploy in auto accident

My wife and I were in an auto accident and the airbags in our Chevy Trailblazer failed to deploy at a speed and impact that they should have deployed. What are the legal implications of this and who do I contact about the malfunction. My wife was injured in the accident and her doctor stated that had the airbag deployed her injury would not have been as severe.


Asked on 11/02/06, 9:14 pm

3 Answers from Attorneys

Jason A. Richman Jason A. Richman, Esq.

Re: Airbags Failed to deploy in auto accident

These cases are not uncommon. the two main factors to consider is assessing whether o not a suit will be viable against a manufacturer based upon the failure of an airbag to deploy are these. First are the injuries serious enough to justify the time and expense associated with not only bringing the suit, but also with proving the case to a degree that settlement is possible or so that it can be presented to a jury at trial. if the injuries are severe enough the defense almost always employed is that this was not the type of collision that should have triggered the airbag to deploy. If you have a police accident report, the estimate or evaluation of the damage to the vehicle, and medical records sufficient to identify the causally related injuries, an attorney can quickly identify whether or not a case might be in your best interest. Such an evaluation should always be free of charge. It is important to bring this information to an attorney well qualified to evaluate it. If you would like my help in finding the correct attorney in your vicinity please send me a note and i'll be happy to assist.

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Answered on 11/02/06, 10:23 pm
David Slater David P. Slater, Esq.

Re: Airbags Failed to deploy in auto accident

In addition to the well reasoned prior answer, you will have to have the car inspected to determine why the bags did not depoly.

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Answered on 11/03/06, 5:40 am
Scott Levinson Korybski & Levinson

Re: Airbags Failed to deploy in auto accident

Your question involves the possibility of a products liability claim and suit against the car manufacturer. These cases, which I have been involved with, require expert testimony regarding the deployment of the air bags. Typically, auto manufacturers try to fight these cases, but each case goes on its own merits and a full assessment of the accident circumstances, the vehicle and the injuries should be made. I would be happy to discuss this case and all of your options in further detail with you and your wife and invite you to contact me at your convenience.

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Answered on 11/03/06, 6:42 am


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