Airbags inflate in a fraction of a second. The airbag starts to deflate slowly once the passenger makes contact with it. This slows the passenger’s momentum and reduces the chances of a severe injury. If the airbag deploys too early, it may deflate too soon. If the airbag deflates too soon, the amount of momentum reduction and cushioning that the airbag should provide is altered. This will result in injuries. An airbag deploying too late could impact the passenger and cause neck injuries, facial fractures, or other serious injuries.
The purpose of an airbag is to protect you during a collision. When an airbag does not function as it should, the consequences can range from mild to severe. While not every airbag injury can be attributed to the negligence of the manufacturer, a victim of an airbag injury should explore all avenues for compensation.
In Arizona, the law requires that vehicle manufacturers and vehicle parts manufacturers release a product that performs safely and effectively. If there are design flaws, errors during the manufacturing process, or wrongful advertising that you believe contributed to your injuries, you may have a products liability case.
What Is Products Liability?
Products liability is the area of law focused on holding manufacturers, distributors, suppliers, retailers, and others who make products available to the public accountable for injuries caused by their products. In this case, the product would be the airbag that caused your injuries.
Suffering an injury from an airbag does not automatically mean that someone is liable; however, if you believe the injuries you sustained were due to a malfunction or defect, you may claim products liability. You will have to prove that a manufacturing or design defect caused your injuries in a products liability case.
Hiring an experienced attorney to handle your claim is crucial to ensure you get compensated for your injuries, medical expenses, and property damage caused by the airbag manufacturers. Your attorney will know what evidence to collect, how to prove there was negligence, or how to build a case based on strict liability. An experienced attorney will guide you through your case and fight for your best interests.
Manufacturer Negligence in Products Liability
In a products liability case based on manufacturer negligence, your attorney must prove that a defect in the airbag caused your injuries. Your attorney will argue that the manufacturer owed you a duty of reasonable care. Once they establish that the airbag manufacturer owed you a duty of reasonable care, the attorney can argue that the manufacturer breached that duty of reasonable care. The attorney will then establish that the breach of the duty was the cause of your injuries.
Strict Liability and Products Liability
A products liability case based on strict liability does not require proof that the airbag manufacturer breached any duty of care. Instead, you must prove that the product (i.e., the airbag) was sold in an unreasonably dangerous condition. Your attorney will need to prove that the product was in an unreasonably dangerous condition when the product left the manufacturer’s control. Then, your attorney can establish that the product’s dangerous condition directly resulted in your injuries.
How Can a Products Liability Attorney Help You?
It is critical to protect your rights as an injured driver or passenger when filing a products liability claim against an airbag manufacturing company. Protect yourself and your rights by hiring a products liability lawyer to represent you during negotiations or litigation. An attorney will know how to increase your chances of a successful outcome and present your case before an insurance company, judge, or jury.
Hiring an attorney is beneficial because attorneys know the required legal procedures. An attorney can gather the necessary evidence by investigating the airbag model and its history relating to similar accidents or injuries as your own. A products liability attorney has the tools to advocate for your rights and best interests throughout the lawsuit. Hire an attorney to handle the complex legal process for you while you recover.
Contact Our Arizona Products Liability Lawyers at Feller & Wendt, LLC
If a defective airbag injured you in Arizona, you deserve fair compensation. Our experienced lawyers can help you determine which party is responsible for your injury and help you file a claim against them. The attorneys at Feller & Wendt, LLC are experienced in products liability cases. We understand that your lawyers must be ready and able to present a strong case on your behalf.
If you are looking for a determined and dedicated legal team to represent you, contact us for a free consultation. You can call (480) 702-2277 or fill out our contact form.