Air bag's failure to deploy causes neck and shoulder injury...

by Tony
(Flint, MI)

I was traveling to work out of state and fell asleep. The truck in front of me slowed to 10 miles per hr in the right lane. My 2008 Ford Focus hit a 1995 F-350 with a hitch and steel tailgate. It caused $2000 worth of damage to his truck, but the driver and passenger were fine.

My car had the front messed up. The front of the car was crushed up half way to the windshield and raising support and motor. I had my seat belt on, but the air bags failed to deploy, causing a severe sprained neck, trauma to shoulder, and bulged out disc in my neck. This happened in Ohio, but I live in Michigan.

Is there anything I can do about the airbag failing? Can I file a lawsuit against the manufacturer for the defective airbag? Thank you for any information you can provide about this situation.

Visitor Question:
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ANSWER for "Air bag's failure to deploy causes neck and shoulder injury...":

Tony (Flint, MI):

You are referring to a defective product claim against the Ford Cooperation. To file a lawsuit will require expert legal representation.

You can't take on the Ford Corporation on your own. You can be sure Ford will not admit their airbag was defective. To do so could start a massive recall, laden with thousands of lawsuits filed by persons like yourself who sustained minor injuries.

Additionally, a product liability claim against Ford would take years before it would ever be settled or brought to trial. With that in mind, with the type and severity of your injuries you will likely not be able to find an attorney to accept your case on a contingency fee basis.

A contingency fee means a victim does not have to pay his or her attorney any legal fees unless, and until the attorney succeeds in settling the claim or winning it at trial. If the attorney succeeds in settling the claim or winning it at trial, the client owes the attorney anywhere from 33% to 40% of the gross amount of settlement or court verdict, depending upon the agreement reached with the attorney.

In the event the attorney fails to settle the claim or win it at trial, the client does not have to pay the attorney any fees, and is freed for any financial obligation to the attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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