Airbags have likely saved millions of lives over the years, but when an airbag does not work properly, it can result in significant harm. In most instances, airbags that do not perform as anticipated are defective, and people injured by airbag defects may recover damages in a products liability lawsuit. The Law Offices of John C. Manoog, III hold companies accountable for injuries caused by their defective products. If you were injured due to a defective airbag, we can assist you in pursuing any damages you may be owed. Our skillful Cape Cod products liability lawyers have helped people seek compensation in lawsuits in Massachusetts collectively for over one hundred and fifty years and we have obtained several multi-million damages awards for our clients.Harm Caused by Defective Airbags
Generally, harm caused by airbags arises out of the improper deployment of an airbag. For example, if an airbag fails to deploy during an accident or its deployment is incomplete, the person the airbag was intended to protect may strike his or her face or head against a portion of the vehicle, which can cause fractures, contusions, concussions, and other brain injuries. Similarly, if an airbag deploys after an accident occurred or outside of an accident, it can cause burns, abrasions, and trauma to the head and neck. In some instances, airbags may deploy with greater force than intended, which may cause metal shards to spray throughout the vehicle, causing lacerations, rib fractures, dislocated jaws, and facial and abdominal trauma.Pursuing Claims for Harm Caused by Airbag Defects
When defective airbags injure a drivers or passengers, they may pursue a products liability claim against the airbag manufacturer or car maker that installed the defective airbag. In most cases, airbags that cause harm will either have a design defect, which means that the airbag’s design makes it inherently unsafe, or a manufacturing defect, which means that while it was safely designed, it was manufactured in a manner that rendered it unsafe. In some cases, an airbag may be considered defective due to the failure to properly warn consumers of the risks or restrictions associated with the use of the airbag.
In Massachusetts, there are multiple theories of liability a person harmed by an airbag defect may be able to pursue. For example, the defendant may be held liable under a theory of negligence, if the plaintiff can establish that the defendant owed the plaintiff a duty to design, manufacture, or distribute a safe product, but the defendant breached the duty. The plaintiff must also show that the breach caused a product defect that the defendant knew or should have known of and that the breach caused the plaintiff’s harm. A defendant may be liable for breach of the implied warranty of merchantability as well if the airbag was not fit for its intended purpose. A plaintiff seeking damages under a breach of warranty claim must establish that the airbag was unreasonably dangerous at the time it came into the possession of the plaintiff and that it was not altered from its original condition, and that it caused harm to the plaintiff despite the fact that he or she was using it in a foreseeable manner. A plaintiff may be able to assert claims that the defendant violated Massachusetts consumer protection laws as well. Regardless of the theories of liability asserted, in most instances, the plaintiff will need to retain an expert to testify regarding the nature of the airbag’s defect.Consult a Trusted Products Liability Attorney in Cape Cod
While airbags are designed to protect people from harm, defective airbags can cause significant and costly injuries. If you were injured by an airbag defect, you should speak with legal counsel to understand your right to pursue damages. The experienced products liability attorneys of the Law Offices of John C. Manoog, III, can help you gather the evidence available to support your claims. Our assertive representation has resulted in a record of successful results, which include numerous verdicts over one million dollars. Our lawyers represent people harmed by defective products throughout Cape Cod, and we can meet by consultation in Plymouth and Hyannis. We can be reached via our form online or by calling 888.262.6664 to set up a meeting. Nós Falamos Português.