Airbags are a car safety feature that prevents serious car accident injuries. However, they do not deploy in every type of accident. In fact, sometimes, it is best if the airbags do not deploy. An airbag failing to deploy at the correct time can be the difference between catastrophic injury and safety that can drastically impact your life. If your airbags do not deploy during an accident, talk to a car accident attorney in Roseville and file a claim against the liable parties.
Who is liable if airbags do not deploy in a car accident
Airbags are highly effective devices. You will trust traveling in a car with the most up-to-date airbags to keep you and your loved ones safe. But, sometimes, airbags fail to deploy due to materials, defective designs, or manufacturing, which leads to people suffering from serious injuries.
If the airbags do not deploy in a car accident, who will be liable? If you suffered injuries, you could file a case against the airbag manufacturer, car manufacturer, or other responsible parties.
In a head-to-head collision, the airbags deploy by inflating and stopping your body from hitting the windshield. When your car collides with significant impact, a sensor sends electrical signals which trigger the airbags to inflate with non-toxic nitrogen gas. In the case of side airbags, they inflate at a much higher speed because the space between your body and the striking object is less.
The airbags in your car should inflate, provide you protection, and deflate before you are aware of the accident. It happens in a blink of an eye and cushions your body from the severe impact of the accident.
How does negligence work for a product liability claim in a malfunctioning airbag?
The victim can assert claims for injuries under the legal negligence theory. The claims are slightly harder to prove in a product liability case. Plaintiff is required to show the following.
- Duty of care owed to the plaintiff.
- The designer, manufacturer, or other party breached their duty of care with the production or handling of the product.
- The breach of duty caused harm that the plaintiff suffered.
- The plaintiff suffered damages due to the breach.
When a person is injured by the airbag deploying incorrectly can have a claim against the party with whom the individual has a direct contract under the theory of breach or warranty. There are three types of product liability lawsuits.
The warranties included in the sales contract are present because the seller promised that the product would perform in the way they explained.
The product has to perform reasonably according to an ordinary buyer’s expectation of merchantability. It is an implied warranty which means it exists without written or spoken form.
Implied warranty of fitness
This warrant arises when the customer asks for something planned for a particular spouse, and the seller provides them with the specific product for that purpose.