Should i sue ford for my airbags not deploying?
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Should i sue ford for my airbags not deploying?
I had a accident a few days ago I rear
ended someone going 75 mph and my
air bags did not deploy.
Asked on October 19, 2016 under Accident Law, Arkansas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If you were injured in the accident because the airbags did not deploy, you can sue the manufacturer and seller (auto dealer where you purchased the car) for negligence and strict liability. If you were injured, you must document that injury with medical treatment or you won't have a case.
Negligence on the part of the manufacturer is the failure to exercise due care to produce a product that is not defective.
The seller (auto dealer) is liable even if the auto dealer could not have known that the airbags were defective.
Strict liability is liability whether or not due care was exercised.
Negligence and strict liability are separate causes of action (claims) in your lawsuit.
If you were NOT injured due to the airbags failing to deploy, you don't have a case because you would not have damages (claim of monetary compensation).
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