Q: I was in an car accident where my airbags didn't not deploy on impact. Do I have a lawsuit?
I hydroplaned in the rain across the highway and hit the guardrail going 70mph. The car had a recall on it back in 2011 for faulty airbags sensors but I just bought the car a few months ago from a dealer and they told me it was no recall on the vehicle. I was sent to the ER with a concussion and facial pain. I had to get a CT scan done on my face.
A: Well, you may- but you mention that the vehicle had a recall in 2011- almost 10 years ago. Tennessee has a statute of repose for products liability actions - 10 years from the date the product was first purchased. If the car is more than 10 years old and sold more than 10 years ago - then the statute of repose may bar a products action. The dealer may have sold the vehicle to you AS IS if you bought the vehicle used. And there may be language that says that there were no oral representations. Look back at your sales contract. These are just points to consider. You should probably contact a lawyer. But this gives you a little to go on.
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