Car accidents are common accidents that happen almost every day. Whatever the type of accident it might be, the one thing that raises a question is what happens when the car’s airbags don’t deploy during the crash? Or better yet, what happens if the airbags over-inflate, or even deploy at the wrong time? In such cases, one can claim insurance as well as file a product liability case against the motor vehicle manufacturer.
Types of product liability claims
- Design defects
A defective design claim simply means that the design of the product is defective and is flawed, which can be harmful for use. One example of a faulty design is when the airbag inflates at an extreme force, causing more injury to the person.
- Manufacturing defects
A manufacturing defect claim is one where the design may be flawless; however, it is the manufacturing of the product that is defective. An example of a manufacturing defect can be the placement of airbag tethers, which helps restrain or limit the airbag’s extension. Now if the manufacturer does not install these fasteners on the assembly line, it would be considered defective and prove to be hazardous if one meets with an accident.
- Failure to warn defects
A ‘failure to warn’ defect claim is simple as it sounds- that the product did not give out enough instructions. One of the examples can be that of an airbag which does not exhibit a warning that it is not safe for children to be riding shotgun in the car.
Making one’s product liability case
- For one’s product liability claim, one must keep all pieces of evidence that relate to the accident, the medical and police records, and other information from the manufacturers.
- Usually claims that involve airbags are intricate, so it is advisable to have an attorney. It is the responsibility of the attorney to investigate the case and prepare an argument for legal obligation on the manufacturer’s part.
- It is the attorney’s call to establish the fact on whether the functioning of the airbag was proper or not. The attorney can also estimate the severity of the injury, or if it was preventable, had the deployment of the airbag been appropriate. This would mean taking help from engineers and other safety experts.