There are three legal theories for holding manufacturers liable for airbag-related injuries. There are three types of defects recognized in the law: design defects, manufacturing defects, and defects due to a lack of adequate warning or instructions. A design defect exists when the product, as designed, is unreasonably dangerous when used for its intended purpose. A manufacturing defect exists when a product becomes unreasonably dangerous due to a flaw in how it was made.
The plaintiff need not prove negligence on the part of the manufacturer. The victim of a defective airbag might also assert claims for damages under the legal theory of negligence. These claims are slightly harder to prove in product liability cases than strict liability, but they require a plaintiff to show:. A person injured when an airbag deploys incorrectly might also have a claim against a party with whom the person has a direct contractual relationship under a theory of breach of warranty.
These are the rarest of the three types of product liability lawsuits. The statute of limitations for product liability lawsuits in Florida is four years, subject to a discovery rule which says that the clock on a claim begins to run when the fact of the injury was discovered or should have been discovered. And, as with any personal injury incident, be sure to collect as much evidence as you can so you can hold the airbag maker, auto manufacturer, or whoever is responsible for your damages responsible.
Auto product liability claims can be extremely complex and difficult to prove. It can be complicated to prove why the airbags did not deploy. You may need experts to examine the car and the airbag mechanism and to evaluate how and why the airbag failed. Seek the help of an experienced attorney who is knowledgeable in product liability law. An experienced auto product liability lawyer can advise you of your options and guide you through the complex process of investigating and litigating a product liability lawsuit.
If you or a loved one were injured in an accident because an airbag deployed incorrectly or did not deploy at all, then you have a legal right to recover significant compensation for your injuries and losses.
We have the resources and experience to investigate and litigate even the most complex defective airbag matters. Florida Personal Injury Attorneys. Tap To Call: Dolman, Esq. Brent Sibley, Esq.
Julia Dolman, Esq. Bryan Hannan, Esq. Rebecca Heist Dolman, Esq. Stanley Gipe, Esq. Larry Nussbaum, Esq. Back pain after a car accident? Podcast Locations Florida Clearwater St. What happens if your airbags do not deploy in a car accident? During a crash, a series of sensors measure forces of the crash, or Delta-v. If the appropriate level of forces is detected, the computer reacts with an appropriate response.
This response may be a seatbelt pre-tensioner by itself or an airbag. The timing depends on the manufacturers and knowing how the vehicle will react or absorb energy in a crash. Any modifications can change the airbag timing.
There are also other inputs into a computer which change the reaction of airbags, one of which is seatbelt use. These inputs, along with some others, make sure the seatbelts and airbags deploy as needed.
One factor that eludes people on a frontal collision is impact angle. A front impact system will react as long as the Delta-v is within a parameter of force and within 30 degrees of vehicle centerline.
This allows the occupants to be going straight into an airbag for maximum effectiveness. If the airbags deployed outside this range, it would limit the effectiveness or cause injury, as the person would be coming at an angle or to the side of the airbag.
This bodily damage is better protected by side impact airbags. A crash occurring at an angle or when the vehicle is turning may not deploy airbags to protect occupants. Advertisement Summary. So the next time you see a pickup that has only minor damage yet the airbags deployed, you know the stiffness of the frame caused a high enough Delta-v to deploy the bags.
You also now know that when you see a car with major crush occurring, those crush and crumple zones absorbed enough of the crash energy to not cause a high enough Delta-v to trigger the airbags. There are a number of reasons why an airbag may not deploy during an accident. While the reason may have to do with the accident itself, product failures are also a possibility. The type of accident does play a role in whether or not an airbag will deploy. Depending on where the impact takes place, the airbag sensors may not be triggered.
For example, frontal airbags may not deploy in the event of a side impact crash or a rollover accident. The force of impact also plays a role. Wrecks that take place in locations like parking lots may not happen at fast enough speeds for the airbags to deploy. Get in touch with our firm today to learn about your legal options and how best to proceed.
This evidence is critical to winning your product liability claim and holding a negligent manufacturer accountable. After a car accident, valuable evidence is often tampered with, repaired, or even destroyed. For this reason, it is important to act quickly and begin gathering evidence immediately after your accident. Do you know what to do after a car accident? You can help your case by doing the following:. Your car accident attorney will take this investigation and collection of evidence even further.
They may:. Product liability cases are difficult and require a legal professional with specific knowledge and experience in this area of law. Your attorney will need to examine all angles of your accident to build the best case for maximum compensation. Being involved in an auto accident is terrifying and can cause significant financial burdens to you and your family.
Arkansas law allows accident victims to collect specific types of compensation after an accident and contacting an experienced attorney can help.
With seven offices conveniently located throughout Arkansas and Tennessee— Little Rock , Springdale , Conway , Hot Springs , Jacksonville , Bryant , and Memphis —our accident lawyers are easily accessible from the moment you are injured. Fill out a free contact request form, which only takes a minute, or simply dial and tell us your story.
Read More. Search for:. We don't get paid unless you do. How Do Airbags Work? Parts of an Airbag There are three main parts to an airbag: the bag, the sensor, and the inflation system. The bag itself. The actual airbag is made of thin, nylon fabric. The sensor tells the bag to inflate in a collision.
The sensor is calibrated to detect a collision force equal to running into a brick wall at 10 to 15 miles per hour. Inflation System.
The two gases react quickly to produce a large pulse of hot nitrogen gas which inflates the bag causing it to burst out of the steering wheel or dashboard as it expands.
0コメント