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Modern automobile safety technology provides New Yorkers with all kinds of new protections during accidents, but what happens if this technology fails? When an airbag fails to deploy, drivers are no longer protected by crucial safety technology to which we have all grown accustomed. Many drivers may spend months painstakingly selecting a car that has strong safety features before making a purchase. When airbags fail to deploy, they destroy our confidence in safety technology and make us fearful of driving in the future.
You may have experienced serious injuries and emotional trauma due to the fact that your airbag failed to deploy. Fortunately, you can seek compensation for your injuries and hold the guilty party accountable. Although it may be difficult to determine exactly who is liable for your injuries, a qualified personal injury attorney can guide you through the entire process in an efficient, clear manner. More importantly, these legal professionals can make sure you receive the compensation that you deserve.
Product Liability
When you suffer injuries because of a defective airbag, your attorney will almost certainly help you pursue a product liability lawsuit. In this type of personal injury lawsuit, you and your attorney will attempt to prove that the manufacturer of the airbag is liable for your injury for a number of possible reasons:
Negligence: In this situation, the manufacturer is liable because it failed to provide reasonable care during the design or manufacturing process of the airbag. A manufacturer may also be liable if they failed to provide the consumer with proper warnings/instructions about the airbag.
Breach of Warranty: If a manufacturer made certain promises or commitments to the consumer through a warranty, they can be held liable if the product failed to perform in the way they described.
Strict Liability: Your attorney may also try to prove that the manufacturer has strict liability for the defective product and the injuries it caused. The benefit of strict liability is that you can still hold the manufacturer liable, regardless of whether they exercised reasonable care in the design and manufacture of its products.
How to Prove That the Airbag Manufacturer is Liable
Your attorney may utilize a range of potential strategies to prove that the airbag manufacturer is liable for your injuries. First of all, they will need to show that the airbag actually failed to deploy. They will also need to show that the airbag failed because it was defective, and not because it was altered or modified in any way after purchase by the consumer. Another important step is proving the extent of your injuries.
Experienced attorneys use a range of different strategies to prove these key facts. They may show the court photos of your injuries and medical records that detail their extent. Another common tactic is to get expert witnesses to testify on your behalf. These may include engineers, product designers, or medical experts.
Getting Legal Help
If you have been injured because your airbag failed to deploy, it is important to enlist the help of a qualified, experienced personal injury attorney. Reach out to the Glassman Law Group today, and we will help you get the compensation you deserve.
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