Now, having an accident injury by another vehicle is completely different from injuries that were impacted more due to the improper function of say, an airbag. Therefore, the victim can have an insurance claim from both the driver at fault and a product liability case.
Airbags are fitted as a standard safety-feature in most of the cars now. Their main function is to reduce or prevent auto accident injuries. They are not really 100% reliable. So, if injuries are procured due to the faulty airbags, the victim and all the passengers in the car can make a claim against the manufacturer or whoever responsible of designing and setting the airbag.
There are basically three types of ‘product liability claims’, they are:
Manufacturing Defects – these claims are made on the grounds that although the designing of the airbag was proper, there was an error in the manufacturing process of the product which had become hazardous for the consumers while using. For an example, tethers are designed to keep the airbags in control without going beyond the intended passengers. But if the tethers had been forgotten for installation by the manufacturers and had not been rectified before the accident then this becomes a manufacturing defect.
Design Defects – these types of defects are said to be present when there is some error in the designing of the product. For example, if the airbag deploys rather with an excessive force causing head injuries to the passengers then the airbag design is said to have a flaw. This design defect is not remedied until and unless there is a change in the designing process, continuing to pose current threats and danger in their usage.
‘Failed to Warn’ Defects – this is a least common claim but nonetheless can be hazardous on occurrence. This defect is claimed when the manufacturers fail to put up a warning or instruction sign in their products. An example of this defect type is when airbag containers fail to contain a warning sign for children sitting on the front seat.
For any claimant to succeed in settling compensations for injuries related to product liability, it is important to keep all evidences of FIR report of the accident, medical treatment copies (if no injury then this claim cannot be viable) and safe-keep all the written materials given by the airbag or the car manufacturer.
This is a complex process and is advisable to hire an expert and experienced attorney of auto-accident injury cases to deal such a case. The attorneys have the channels to retain the right professionals and enlist safety experts, engineers, and other experts in the accident related field to help determine the impact of a faulty product. This can help the claimant in making a strong statement against the product manufacturers.