Legal Question in Consumer Law in Massachusetts
Faulty Airbags
Hello
My wife and I were envolved in a car accident the other day, She was driving her 2003 Nissan Pathfinder, Iw as driving my 2000 Nissan Frontier Crew Cab. I ended up hitting a car and a tree while my wife ended up hitting a car and a telephone pole. In each instance, neither of our airbags deployed. My definatley should have, hers may be questionable. My question is, ''do we have a case for a law suite against the manufacture.?''
1 Answer from Attorneys
Re: Faulty Airbags
First, did you suffwer any damages? Were you injured because the air bag did not inflate. If not, no personal injury claim. Second, read your manual to see when airbag is supposed to inflate. YOu may have a breach of contract claim, but again, what are your damages??? If under warranty, contact dealer. Contact manufacturer to notify that airbasg did not inflate and the Nat'; Consumer Safety Ciommission as well as the state office of consumer affairs. YOu may have a claim under the consuemr protection act, 93A for unfair and deceptive practiceas if manufacturer knew or should have know that there were problems with airbag mechanism prior to your complaint. Not an easy question or answer.