QUESTION

Can I sue a dealership for the death of my wife in a car accident?

Asked on Oct 27th, 2011 on Personal Injury - Western Australia
More details to this question:
My wife died in a fatal car accident. She was driving a car and she was hit by a pickup truck on the passenger side and due to the huge impact she died on the spot. All airbags except side airbag of driver side got deployed. if that airbag would have deployed, she might have not died as the reason for her death is neck and head injury. According to State police, the other party had right of way so liability case with the other party was dismissed, but in any case, I still believe that I can still claim liability from the dealership.
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Answered on Feb 20th, 2012 at 3:48 PM
You likely cannot sue the dealership for this type of loss. The manufacturer might be a legitimate target for the failure of the airbag to deploy, but the big problem you would have in Indiana is the comparative fault of your wife in failing to yield the right-of-way.

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Answered on Oct 31st, 2011 at 6:49 PM
I am sorry to hear about your loss. You have a valid claim, and you should contact an attorney to pursue it.

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Answered on Oct 31st, 2011 at 6:20 PM
Usually, it is required to show that the failure of the air bag deploying contributed to your wife's injuries before you could be successful in a claim. It is important to preserve the vehicle. You should consult with a personal injury attorney as soon as possible to protect your rights and give you specific advice.

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Answered on Oct 31st, 2011 at 5:09 PM
If the collision was wholly or partly the fault of your late wife in NC that would be called contributory negligence and there could be no recovery.

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Answered on Oct 31st, 2011 at 3:59 PM
I do not believe the liability would lie with the dealership unless they sold you a certified used car. In a new car the liability would be with the manufacturer of the vehicle. However even if you could establish a defect with the car, there would still be a problem with the case because of the comparative negligence for any liability your wife would have been responsible for. Please discuss this case with your local bar association.

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Answered on Oct 31st, 2011 at 2:23 PM
You may be able to sue the manufacturer. You need to keep the car, do not let an insurance company or someone else dispose of it, because you will need to have it examined by and expert. You should consult a products liability attorney as soon as possible.

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Answered on Oct 31st, 2011 at 2:21 PM
You should consult with a product liability or accident lawyer for specific legal advice and direction. Negligence has to be proved before liability can be assessed against the car dealerand/or the manufacturer of theairbagfor thefailure of the airbag to deploy during the accident.

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Answered on Oct 31st, 2011 at 1:47 PM
Contact a products liability attorney; yes, there is a possibility you could sue but you would need to have a good products liability attorney investigage the case for you.

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Answered on Oct 31st, 2011 at 1:38 PM
Wow, interesting set of facts. Yes you can sue them. The owner of a car is liable for the negligent acts of a permissive driver.

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Answered on Oct 31st, 2011 at 1:32 PM
The only reason to go after the dealership would be if they did something wrong (such as negligent repair) or failed to do something they were supposed to do (such as inspect). Otherwise, you go after the manufacturer. But: you will have to prove, with expert witness testimony, that had the airbag deployed, she would have lived, not "might have". This will take years of litigation and will cost tens of thousands of dollars.

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Answered on Oct 31st, 2011 at 12:48 PM
You may have a product's liability case against the manufacturer of the vehicle. I advise that you speak with a seasoned product's liability attorney to discuss your case. There may be similarly situated individuals who could qualify your case for a class action.

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Answered on Oct 31st, 2011 at 12:13 PM
You might have a suit against the manufacturer of the car and air bag.

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Answered on Oct 31st, 2011 at 11:41 AM
You should investigate a suit against the manufacturer of the car, not the dealership.

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Answered on Oct 31st, 2011 at 11:08 AM
You had a lawyer already. He wasn't interested in going after the manufacturer. Also, if you didn't save the car then you probably can't prove a case.

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Answered on Oct 28th, 2011 at 8:14 PM
First, sorry for your loss. I am not sure why you think the dealership would have any liability. The auto manufacturer may have a product liability claim since it was their vehicle that failed. You can google search for attorneys that handle those claims for failed airbags against the auto manufacturer. If you find one, they can tell you if you have a legitimate claim.

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Answered on Oct 28th, 2011 at 8:14 PM
Tour products claim may be against the manufacturer.

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Answered on Oct 28th, 2011 at 7:19 PM
Sorry to hear about your loss. You can sue dealership and manufacturer of car. Possibly also air bag manufacturer. Fact that state police said other party not at fault does not mean they potentially have some liability for their negligence. You need to consult with a personal injury attorney to see how you should proceed.

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Answered on Oct 28th, 2011 at 7:19 PM
Your claim would have to be bought against the manufacturer of the vehicle and not the dealership. Sorry to hear about such a tragic case.

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Answered on Oct 28th, 2011 at 7:00 PM
Products cases are especially tough, especially in Michigan. But if the right expert could be found, it could be an excellent case.

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Answered on Oct 28th, 2011 at 6:54 PM
The answer to this question requires an exhaustive investigation. I would need additional information collected in the form of interviews of witnesses, yourself; the collection of documents, etc. I am truly sorry for your loss.

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