Legal Question in Consumer Law in California

airbags didn't go off on new lexus in 40mph head-on accident

To whom it may concern,

first of all, thanks for taking time to possibly help! My brother was in a car accident about a year ago in his then year old lexus. An oncoming car made a left on a green light thinking that it was a green arrow. The accident was deemed the other person's fault, and his insurance company paid for my brother's damages (about 19k). The lexus' front end was thrashed, since it was a high-impact collision. my brother was not hurt, but none of his airbags went off. I can't help believe that if they did go off, as expected from a $50,000 car, that my brother would not be left with a car which is now worth much less, and he wouldn't be driving a vehicle whos safety is now in serious question. Surely lexus is a huge company built on a reputation for safety. Does this sound like a possible law suit or settlement even though he wasnt injured, it's been a year, and the car was replaced, or does this sound frivilous? thanks gill kalo


Asked on 7/30/02, 3:12 pm

2 Answers from Attorneys
Rick Williams Law Offices of Frederick D. (Rick) Williams, Chtd.

Re: airbags didn't go off on new lexus in 40mph head-on accident

I really don't see the connection between the failure of the airbags and damages to the vehicle. If he had been injured, and those injuries may have been prevented or lessened by the deployment of the airbags, you might have a claim, but that is not the case here, according to your note.

In the law there is a very fundamental concept of "causation." If the negligence of the manufacturer in improperly designing, building, or maintaining the vehicle was not the "proximate cause" of the damages, you have no basis for recovery against them. In this instance, the airbags could not have kept the damages to the front of your brother's car to a lower level. Although they, apparently, did not work as expected, such failure was not the cause of any damages suffered by your brother, based on your admission that he was not hurt.

Don't be so eager to sue for damages that were not incurred, blaming the manufacturer of a product that was not the cause of such non-existent damages!

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Answered on 7/30/02, 3:38 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: airbags didn't go off on new lexus in 40mph head-on accident

The air bags should have deployed. You should take this back to the dealer or any dealer and mention this. Since the accident was over a year ago, they may not do anything. As the failure of the air bags to deploy was not a contributing factor in your brothers injuries, there is not much in the way of liability on the part of Lexus. Not being familiar with the case, you should have recovered the loss of value of the car when you settled.

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Answered on 7/30/02, 4:25 pm


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