Legal Question in Personal Injury in Georgia

Seatbelts and Air Bags Efficiencies

I was in an accident where my car was a total loss.(1999 Chevy Malibu) My air bags did not inflate, and my seatbelt snapped apart, so that after accident , I no longer had on a seatbelt. Do I have a case against the manufacturer?


Asked on 8/12/00, 5:52 am

2 Answers from Attorneys

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Seatbelts and Air Bags Efficiencies

You did not mention any injury resulting from the malfunction. That is significant.

If you were catastrophically injured due to the malfunction, and would not have been so badly injured if they had functioned properly, then you may have a worthwhile case. If you were not seriously hurt, then even if there was a defect resulting in malfunction, you have no damages to make a case worthwhile. These cases are very expensive and difficult to pursue, and are economically worthwhile only in cases of catastrophic injury or death. I have been down this path (in a quadriplegic case), have written the checks to pay the leading experts in the field, and can tell you it would be insane to go to that much trouble and expense except in a really catastrophic case.

On the other hand, if there was a catastrophic result of the malfunction, I would be happy to talk with you and consider taking your case.

If you were not seriously injured, you may want to simply report the malfunction, in writing, to: (1) the manufacturer, (2) the Center for Auto Safety in Washington, and (3) the National Highway Transportation Safety Administration. That would help create a record of reported incidents that would be available to lawyers for people who do suffer catastrophic consequences from this apparent defect in the future.

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Answered on 9/15/00, 10:06 am
Steve Thornton Nix, DelCampo, Thornton & Graddock, P.C.

Re: Seatbelts and Air Bags Efficiencies

You may have a legitimate products liability case against the manufacturer. The first thing to consider, however, is whether you sustained extremely serious injuries in the wreck that would justify the very high expense required for this type of case. As others have mentioned, these cases are expensive to prosecute and difficult to win. Therefore, my firm, like most others, represents only those with catastrophic injuries in products liability cases.

If your injuries from the wreck are severe and permanent in nature, I would welcome the opportunity to speak with you about a potential case. Thanks for your question.

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Answered on 9/15/00, 10:25 am


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