The son of a woman who he claims was left incapacitated after sustaining
serious injuries in a car crash is suing General Motors for Texas auto
products liability. Carolyn Gill’s son Rick Gill filed a personal
injury complaint last month.
Per the Texas air bag defect lawsuit, Gill was traveling in a 2004 Buick
Le Sabre on September 12, 2011 when she lost control of the car, which
went off the road, rolled over, and landed on its side. At the time, she
was seated correctly and wearing a three-point seatbelt but her air bag
did not deploy.
Gill contends that GM made an unreasonably dangerous vehicle because it
came with air bags that did not properly protect or restrain her, thereby
violating the crashworthiness principals. She is seeking Texas auto defect
damages for disfigurement, pain and suffering, mental distress, emotional
trauma, impairment, loss of consortium, decreased capacity to enjoy life,
interference with everyday activities, and other costs.
There are two types of auto products liability lawsuit. The first one
involves causation, in which a car defect causes the crash that results
in serious injury or wrongful death. The second type is based on violation
of the crashworthiness principals.
While it is acknowledged that some collisions are inevitable, it is still
the responsibility of a car manufacturer to make sure that it gives vehicle
occupants reasonable protections in the event of one. For example, a vehicle
that is crashworthy should be able to allow for adequate occupant survival
space while limiting how much the passenger compartment is violated upon
impact, prevent occupant ejection, adequately restrain passengers, and
not increase the risk of an auto fire. Air bags, seat belts, and other
safety features are some of the basic elements used to enhance an auto’s
crashworthiness. When such safety elements are not installed or have key
defects that prevent them from protecting a vehicle occupant, then a plaintiff
may be able to raise questions about whether/not an auto was adequately
Not only are air bags essential to protecting a passenger in the event
of a deadly crash, but also certain defects can cause them to be a source
of injury to a victim. You want to work with an air bag defect law firm
that understands the nature of air bag-involved collisions and can pinpoint
what aspect of this safety feature’s technology failed or was poorly
designed, causing it to not deploy when needed or deploy unnecessarily.
Common injuries from air bag deployment may include eye injuries, face
trauma, jaw injuries, spinal cord injuries, decapitation, rib fractures,
heart damage, lung injuries, shoulder injuries, forearm injuries, and
other serious injuries.
Suit against GM claims vehicle’s airbags failed to deploy, The Southeast
Texas Record, March 27, 2012
Air Bags, National Highway Traffic Safety Administration