It’s pretty common knowledge: things are supposed to work. We use all sorts of things every day, invented for our convenience and ease, and we are meant to rely on those things to actually do their jobs. Of course, the reality is a bit different. Things are not, in fact, created by some perfect Thing Machine to never have design flaws or errors, but by people. People can make so many, many errors with so many, many things.
Ideally, these errors amount to nothing more than an annoyance or brief inconvenience. Maybe a product works just wrong enough to warrant a nasty Yelp review. That’s fine, that’s just cheaper therapy. But when the “thing” in question is your car’s safety features, well… yeah, it can get pretty hairy. If faulty products actually injure you or your loved one, that’s a problem that requires a bit more attention.
Defective auto parts increase risk of unintentional airbag deployment
Airbags are great, right? It’s nice knowing there’s something in place to prevent one’s face from being slammed through one’s windshield (or even one’s windows, now that side airbags are a thing). Here’s the thing about them, though, that you may not know if you have never had one deployed in your face: they hurt. They are not soft and fluffy pillows that gently caress you upon activation. From what we have heard, it’s more like that time you got hit in the face in high school volleyball.
Why? Well, force, basically. Airbags have to deploy quickly to work, and with enough force to actually catch you, and car manufacturers figure it’s better to have a broken nose than losing your life. But here’s the thing: if you are not actually in an accident, and your airbags deploy with no warning, you could get genuinely, actually hurt. Airbag injuries do happen, especially in cases of faulty deployment or timing. In one 18-year period, over 290 people were killed by front airbags.
Manufacturers are meant to do everything in their power to prevent this from happening. While it would be great if this meant it never did, sometimes they mess up and innocent consumers have to find this out the hard way. This stinks, but it does mean manufacturers made themselves liable to pay for their mistake. BMW is finding this out their own version of the hard way after designing, frankly, one of the dumbest airbag features to ever exist (ever). You see, when the cupholders of the BMW X7 got wet (even just from condensation), the airbags went faulty and would deploy. Yep, you read that right. Use your cupholder for its intended purpose and get a volleyball to the face.
It’s like recess all over again.
So, there’s now a lawsuit in the works. Thankfully, this defect has yet to actually slam any users in the face, but they still end up having to pay for repairs to their airbag system even when under warranty because BMW is refusing to pay. But we’re not telling you this to rag on BMW for putting their airbags under their cupholders and then being surprised when that didn’t work out (though we are ragging on them). We’re telling you this so you know filing a lawsuit due to faulty parts of your car is indeed a thing you can — and should — do, especially if those faulty parts actually injure you.
How Knoxville product liability claims work
Nothing is just like the movies, and product liability claims are no different. There is a burden of proof and it can be a long, drawn-out process before you’re awarded anything. That being said, they’re still very much worth it if you’ve been injured by something faulty (as long as you were using it properly and for its intended purpose). If you’re not sure whether or not you have a case, the best thing you can do is ask an attorney’s advice. Seriously, your buddy from college does not count.
Typically, the most difficult part of a product liability case is determining who is actually liable. Because of how many entities may be involved in the production, design, and distribution of a single product, it’s not always easy to figure out exactly who did the bad thing. But again, that’s what an attorney is for, and that’s why they’re so important. They can look at your case and use the details to determine liability based off which category it falls under:
- Defectively designed products, which is what happens when an entire product line comes out with some sort of dangerous glitch, possibly injuring multiple unconnected people.
- Defectively manufactured products, which refers to individual products with their own mistakes. The design may be fine, but if Greg in Production doesn’t follow it, you may be the one suffering the consequences.
- Failure to provide accurate or adequate instructions/warnings, which is exactly what it says. Especially if something hazardous is involved, the manufacturers should make sure that’s as clear as possible. You can’t avoid a risk you don’t know is there.
Going after liable parties means protecting yourself, your rights, and your finances. It’s not about being greedy or a “Karen,” it’s about knowing that you deserve products you can trust and you certainly shouldn’t have to pay for someone else’s negligence — both literally and metaphorically. Depending on the severity of your injuries, you could be compensated for all medical bills and treatments, along with other financial awards you definitely do not want to miss out on.
Don’t let greedy, lazy corporations get away with injuring you. If you did everything right and still ended up injured due to some sort of faulty product — cupholder/airbag combos or not — then you need aggressive representation as quickly as possible. At Banks & Jones, our Knoxville product liability attorneys are a corporation’s nightmare. We take pride in helping people like you get the compensation they deserve. To learn more and get started for free, call us today at 865-546-2141 or use our contact form.
T. Scott knows the importance of interacting with colleagues to stay abreast of developments and changes in the legal world. T. Scott frequently teaches CLE courses on trial strategy, teaching other lawyers his methods for success in the courtroom, and is certified as a Rule 31 Mediator in the Tennessee Supreme Court. He is a member of the Knoxville Bar Association, the Tennessee Bar Association, the National Trial Lawyers, and both the Tennessee and American Associations for Justice.
Read more about T.Scott Jones