Betrayed Security: When the Airbag Fails
Being involved in a road accident is a traumatic experience, but discovering that the safety devices that should have protected us, such as airbags, did not function, adds an unacceptable level of frustration and danger. If the life-saving cushions did not deploy during a violent impact, the physical consequences can be much more severe than anticipated. In these situations, it's not just about managing the aftermath of the road accident, but about assessing potential manufacturer liability for a manufacturing defect. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci understands the delicacy of these situations, where the victim feels betrayed by the technology that should have protected them.
Manufacturer Liability and the Consumer Code
Italian legislation, through the Consumer Code, provides specific protection for damages caused by defective products. A car that does not guarantee the promised safety standards, such as the deployment of airbags in impact conditions that would require their intervention, can be considered a defective product. However, proving such a defect is not automatic. The law requires the injured party to prove the damage, the defect, and the causal link between the two. Not every failure to deploy constitutes a malfunction: the sensors are calibrated to activate only above certain deceleration thresholds or impact angles. This is where legal intervention becomes crucial to distinguish between a scenario that did not warrant deployment and an actual technical failure attributable to the manufacturer.
The Bianucci Law Firm's Approach
Dealing with lawsuits against major car manufacturers requires a meticulous strategy and specific technical expertise. The approach of Avv. Marco Bianucci, a lawyer specializing in compensation for damages in Milan, is based on in-depth preliminary technical analysis. The firm collaborates with automotive engineers and industrial experts capable of analyzing the vehicle's control unit and reconstructing the exact dynamics of the accident. The goal is to scientifically demonstrate that, given the conditions of the impact, the airbag should have deployed. The Bianucci Law Firm's strategy aims to quantify not only the biological damage resulting from the accident itself, but especially the differential damage, meaning those additional injuries or aggravations that would not have occurred if the safety device had functioned correctly. This rigorous approach allows for strong and documented arguments at the negotiation table or in court.
Frequently Asked Questions
Why didn't my airbag deploy during the accident?
The failure to deploy does not always indicate a defect. Airbags are designed to deploy only in the event of impacts exceeding a certain severity threshold and occurring within specific angles (for example, many frontal airbags do not deploy in rear-end collisions or pure side impacts). A technical expert assessment is necessary to determine whether the failure to deploy is due to the system's operating logic or an actual malfunction of the sensors or the explosive charge.
Who pays for the damages if the airbag was defective?
If a manufacturing defect is established, liability falls on the vehicle manufacturer (the car company), pursuant to the Consumer Code. If the car was purchased used or has undergone previous repairs, liability may also fall on the seller or on those who performed incorrect maintenance on the safety system. Avv. Marco Bianucci analyzes every aspect of the chain of responsibility to identify the correct party.
What types of damages can I claim in these cases?
In addition to standard compensation for the road accident (covered by the responsible party's civil liability insurance), it is possible to claim compensation from the manufacturer for physical injuries aggravated by the malfunction, moral damages for the suffering endured, and patrimonial damages related to additional medical expenses or loss of earning capacity. It is essential to distinguish which damages were caused by the impact and which by the device's failure to function.
How long do I have to take legal action against the manufacturer?
The right to compensation for damage from a defective product is subject to a statute of limitations of three years from the day the injured party knew or should have known about the damage, the defect, and the identity of the responsible party. However, the right is extinguished if not exercised within ten years from the product's placement on the market. Given the complexity of the deadlines, it is advisable to consult a lawyer specializing in compensation for damages as soon as possible to avoid losing your rights.
Request an Assessment of Your Case
If you believe you have suffered injuries due to the non-deployment of airbags or another safety defect in your car, do not let time pass. A timely assessment is crucial for gathering the necessary technical evidence. Contact Avv. Marco Bianucci at the Milan office located at Via Alberto da Giussano, 26. Together, we will analyze the dynamics of the event to determine if there are grounds for obtaining fair compensation for the damage suffered.