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Airbag Malfunctions
Legal Guidance on Cape Cod for Victims of Car Accidents
The dedicated car accident attorneys at the Law Offices of John C. Manoog III can protect the rights of Cape Cod residents and other individuals who have been harmed in a wide range of motor vehicle collisions. Some of these crashes arise from faulty airbags and other malfunctioning equipment. We understand the pain and stress that an accident can cause to a victim and his or her family, and we work unwaveringly to seek the compensation that they deserve.
In many cases, it may be necessary to sue multiple parties, not only unsafe drivers but also auto and parts manufacturers that put hazardous products on the market that contributed to the crash. Our firm’s long track record of success in these cases and our strong reputation in the local and legal communities speak for themselves.
Holding an Auto Manufacturer Accountable for a Malfunctioning Airbag
A person who has been hurt in a car accident often has a legal claim for negligence against the driver or drivers who caused the crash. In many cases, moreover, the victim may also have a claim against a third party, such as the driver’s employer or the companies that made the cars – or parts of the cars – involved in the collision. If the car’s airbag fails to properly function in an accident, for example, it may exacerbate the harm caused by the crash by making the victim’s injuries more severe or extensive than they would have been had the airbag properly deployed. The victim in this situation usually has the right to seek damages not only from other drivers involved but also from the airbag manufacturer and the carmaker that allowed the vehicle to leave an assembly plant with a malfunctioning airbag.
In contrast to a negligence claim against another driver, a case against a company that made a defective airbag is usually based on a theory of strict liability. This requires the plaintiff to show that the airbag (or other component) had an unreasonably dangerous defect and that he or she was harmed as a result of the defect. It is not necessary to prove that the manufacturer failed to meet a certain standard of care in making the airbag. Problems with a device that may support a strict liability claim include a manufacturing defect involving a particular airbag, an inherent flaw in the design of a certain model or airbag, or a failure by the manufacturer to provide sufficient warnings and instructions for safe and proper airbag use in the user manual of the car.
The damages that may be available in these cases often include money for medical costs, property damage, missed wages due to time away from work, the costs of future treatment, and pain and suffering. A person injured in a crash involving a faulty airbag may be able to recover some of these damages even in cases in which the driver is also partly responsible for the accident. Under Massachusetts’s modified comparative fault system, a person who is found to be less than 51 percent at fault for a collision can potentially get a proportionate share of the damages from the other responsible parties.
Consult an Experienced Cape Cod Attorney for Your Motor Vehicle Collision Claim
At the Law Offices of John C. Manoog III, we have more than 146 years of combined experience representing clients in car accident and other personal injury cases. Founding partner John C. Manoog III has been recognized for his accomplishments in this area of law, and his previous work in the insurance industry makes us especially qualified to take on big insurance companies. Our history of success in personal injury matters includes a number of six- and seven-figure settlements.
Our offices are conveniently located in Hyannis and Plymouth, from which our motor vehicle collision lawyers can serve individuals throughout Cape Cod. We are also happy to travel to you if you cannot make it to us. We offer a free consultation and do not charge a fee in many cases unless we are successful. Call us at 888-262-6664 or contact us online to schedule an appointment. Nós Falamos Português.