As a legal expert with extensive experience in automotive law, I can provide you with a comprehensive answer to your question regarding the possibility of suing a car company if your airbags did not deploy during an accident.

Firstly, it's important to understand that airbags are designed to deploy under specific conditions and are not intended to activate in every type of collision. The deployment of airbags is controlled by sensors that detect the severity and type of impact. These sensors are strategically placed in various parts of the vehicle to ensure that airbags deploy when it is most beneficial for the safety of the occupants.

Step 1: Determining the Cause

The first step in determining whether you have a case against the car company is to establish the cause of the airbag failure. This involves a thorough examination of the vehicle by an expert who can determine if the airbags did not deploy due to a manufacturing defect, a design flaw, or some other issue.

Expert Examination

It is crucial to have an expert examine your car to ascertain the sole reason the airbags did not deploy. This could involve checking the integrity of the sensors, the wiring, the airbag control module, and other related components. If the expert concludes that a defect was the reason for the non-deployment, this could form the basis of a legal claim.

Step 2: Establishing Liability

Once a defect has been identified, the next step is to establish liability. This means proving that the car company is responsible for the defect and that it directly caused the airbags not to deploy. This can be a complex process that may involve expert testimony, evidence from the accident scene, and possibly even a reconstruction of the accident.

Legal Requirements

To successfully sue a car company, you must meet certain legal requirements. These typically include demonstrating that:


1. Breach of Warranty: The car company breached an express or implied warranty regarding the airbag system.

2. Negligence: The car company was negligent in the design, manufacturing, or testing of the airbag system.

3. Strict Liability: The car company is strictly liable for any defects in the product that cause harm.

Step 3: Proving Damages

In addition to proving that the car company is liable for the airbag failure, you must also prove that you suffered damages as a result. This could include physical injuries, medical expenses, lost wages, and pain and suffering.

Step 4: Consultation with a Lawyer

Given the complexity of automotive law and the specific requirements for a successful lawsuit, it is highly recommended that you consult with a lawyer who specializes in this area. They can guide you through the process, help you gather the necessary evidence, and represent your interests in court.

Conclusion

While it is possible to sue a car company if your airbags did not deploy, doing so requires a clear demonstration of a defect, liability on the part of the car company, and proof of damages. It is a process that should be undertaken with the guidance of a legal professional to ensure the best possible outcome.

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If you can get an expert to examine your car and determine that the sole reason the airbags did not deploy was due to a defect, then you can sue. ... If a sensor was struck and the airbag did not deploy, you could have a case. However, if there was no contact with a sensor, then the airbags cannot deploy.Jun 17, 2013read more >>