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Cok Kinzler PLLP

Subaru being sued for allegedly defective airbags

People in Montana who own Subaru Outbacks might want to learn about a lawsuit against the manufacturer. The class-action lawsuit was filed by a woman in Virginia who claims that the vehicle's curtain side airbags are defective and responsible for seriously injuring her.

According to the lawsuit, the woman had a minor accident during which she contacted a tree. The impact only caused minor fender damage. However, the side curtain airbag forcefully deployed, causing the woman to suffer cervical injuries in her neck. The woman is arguing that Subaru should have foreseen that a forcible, unnecessary airbag deployment could cause serious injuries to people. Subaru filed a motion asking the court to dismiss the woman's lawsuit for failing to state a claim upon which relief could be granted.

The U.S. District Court judge who is hearing the case denied Subaru's motion. The court found that the woman's civil complaint adequately stated that her injuries would not have been as severe if the airbag had not deployed. This was the second motion to dismiss that was denied by the court. The case will now move into the discovery phase, and Subaru will be able to receive and evaluate the evidence that the woman has gathered.

Defective products can cause serious injuries to people when they are using the products in the manner they were intended to be used. People who are injured by defective products may be able to recover damages to compensate them for their losses by filing personal injury lawsuits against the manufacturers and others involved in the chain of distribution and production. An experienced product liability attorney may review potential claims to evaluate whether they have legal merits. If the lawyer agrees to accept a case, he or she might work to recover maximal compensation for the injured victim.

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