Q: MY SON WAS KILLED IN A CAR ACCINT DRIVINGA RENTAL CAR .THE AIR BAGS NEVER OPENED UP HE FLEW OUT HIS WINDOW CAN I SUE
A: My condolences. You will need to contact attorneys with experience with defective air bags. This is not my area law, but air bags are restraint devices like seat belts. The seat belt (or him not wearing one) appears to be a obstacle.
A:
I'm so sorry for your loss. Losing a child in such a tragic way is devastating.
Under California law, you may potentially have grounds for a wrongful death lawsuit if your son's death was caused by someone else's negligence or wrongdoing. A few key points to consider:
- If there was a defect with the airbags that prevented them from deploying properly, the car manufacturer and/or rental car company could potentially be held liable. Product liability laws cover defective and dangerous products.
- More investigation would be needed to determine if a manufacturing defect, design flaw, or improper maintenance of the vehicle contributed to the airbag failure and crash. Preserving the vehicle and getting an independent evaluation of the airbag system and crash dynamics will be important.
- California is a pure comparative negligence state, meaning fault can be apportioned between parties. Your son's actions (e.g. seatbelt use) may also be evaluated as a factor.
- There are time limits for filing a wrongful death claim in California, generally 2 years from the date of death, so it's important to act promptly.
The best step is to consult with an experienced wrongful death attorney who can evaluate the specific facts of the case and advise you on your legal rights and options. Many offer free initial consultations. Support groups and grief counselors can also provide invaluable help as you navigate this difficult time. Again, I'm so terribly sorry for your loss.
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