Can I sue for manufacturer defect?

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Can I sue for manufacturer defect?

I was involved in a car accident and the airbag in my 07 Kia Spectra did not deploy. The sensor sent a signal that it had and the airbag deployed light went off. During repairrs the shop had to clear the message from the computer to get the light off and reset the system. I was not seriously injured beyond a bad case of whiplash. I can’t afford to go to the chiropractor for treatment of the whiplash and I am now paranoid about driving my car. I am worried that if I am involved in another accident that it will malfunction again and I may not be so lucky. Can I sue Kia for the malfunction?

Asked on June 29, 2009 under Accident Law, Colorado

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can sue Kia for the malfunction, but it would be wiser to bring the car into the dealer and have them investigate the issue and make sure it is fixed.  When you, you are suing for damages, you have to prove your damages.  Since you were not seriously injured, there isn't much to sue for here and it is unlikely you would find an attorney to take the case.  The other option you have would be to sue the dealer from whom you purchased the vehicle in small claims court.  Then you won't need an attorney.  You will need to prove, though, that what you say happened, actually happened, so if someone from the body shop could testify for you or put it into writing that the light was on, but the bag was not deployed, that would help.  Again, though, you have to prove your damages, which means your expenses for your injury.  If you can't go to the dr., you have no medical bills.  You need to show something. 


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