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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
