Some drivers delight in finding situations that might furnish them with grounds for a lawsuit. A few of those drivers have approached personal injury lawyer in Richmond Hill about suing the manufacturer, when their car’s air bags’ did not function properly.
General comments from the contacted lawyers:
This is an expensive sort of case. The plaintiff must pay more money for a product liability case, than for the typical personal injury case. How serious were the injuries sustained by those that were in the vehicle with a poor-performing air bags? A plaintiff’s chances for winning a product liability case increase, if the liable party/company has produced a product that managed to cause serious injuries.
Was anyone injured? If there were no injuries, the sued manufacturer should be able to fight the allegations made by the plaintiff. Anyone hitting a manufacturer with a product liability charge needs to show that the defective product harmed the user. In the absence of such proof, the plaintiff should not expect to win any courtroom battle.
More specific comments, also from lawyers:
The sensors in air bags do not work if a car’s speed falls below a given rate. Maybe your car was not traveling at a speed that could allow the sensors to trigger the air bags’ inflation. An expert that is familiar with air bags should examine the damaged vehicle. Normally, someone with that sort of expertise must be hired by the appropriate attorney.
Because the bags’ sensor does not work unless the vehicle is traveling at a sufficient speed, it may prove necessary to seek the testimony of an accident reconstruction engineer. That would add to the cost of the lawsuit, the one being pursued by the driver of the car in which the air bags had failed.
Features of the air bags, which the potential plaintiff should take into consideration:
What was the age of the air bags? A manufacturer cannot always be blamed for an older product, if that same product does not function properly. Admittedly, though, there are times when that is possible. Read the following paragraph.
Did the air bags come with a warranty? If so, then for how long did that warranty guarantee the proper functioning of both air bags? Had that amount of time already passed, when the accident occurred.
Is it possible for the driver/potential plaintiff to produce proof of the terms that were stated in the air bags’ warranty? In a courtroom, the judge expects the plaintiff to come forward with evidence, in order to support any claim. In the absence of such evidence, the manufacturer could fight the claim and, consequently, win the challenge posed by the driver of the car with the poor-functioning air bags.