Subaru Faces Lawsuit Concerning Defective Airbag
Subaru was unable to get a class-action lawsuit against them dismissed. The case involves a Virginia woman who says that after getting into a minor accident with her Subaru Outback, she sustained serious injuries. She claims that her vehicle made minor contact with a tree which resulted in minor damage to her fender. But the driver’s side airbag deployed during the collision so forcefully that it caused injuries to her cervical spine and neck.
The woman’s lawsuit makes two claims. The first is that the Subaru airbag deployed with unnecessary force and the second is that the airbag deployed unexpectedly and without cause. In other words, she is saying that the impact from the crash was not sufficient to warrant the deployment of the airbag.
Subaru Seeks to Dismiss the Case
Subaru attempted to have the case dismissed twice and was rebuffed both times. The second time around, Subaru argued that the plaintiff failed to show that any defective condition or failure to warn was the proximate cause of her injuries. In other words, the argument was something along the lines of: The plaintiff did not show that being warned would have prevented her injuries. Further, Subaru argued that the plaintiff failed to establish that the airbag was defective. However, the judge allowed the case to move on.
In the early stages of a lawsuit, the plaintiff does not need to “prove” their case. They only need to establish that there is some question as to whether or not the airbag is or is not defective. If they can establish that there is some gray area, then the question goes before a jury who can decide which party has the more compelling argument.
Should Subaru Outback Owners be Concerned?
There is no evidence thus far that any other individual has suffered the same injuries as a result of Subaru’s airbags. Nor have there been any complaints concerning the airbags deploying inappropriately. For obvious reasons, this should be of concern to Subaru, but sometimes individual airbag installations are defective even when there is no underlying defect that would affect all airbags. The lack of complaints concerning Subaru airbags deploying inappropriately should make Subaru owners feel at ease.
Nonetheless, if the plaintiff can present evidence that some manufacturing defect led to the airbag deploying too quickly or at an inappropriate time, then Subaru would still be on the hook. Strangely, the plaintiff is not alleging that. They are alleging that all Subaru airbags share the same defect and that Subaru failed to warn their customers.
Talk to a Miami Personal Injury Attorney Today
If you are injured by a dangerous product, call the Miami personal injury attorneys at the office of Alan Goldfarb, P.A. We can file a claim against the company that manufactured the product and hold them accountable for their negligence. You are entitled to recover damages for injuries, lost time from work, and pain and suffering. Schedule a free consultation today.