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Were you injured in a car accident? Did the seat belts in your Mercedes Benz fail to lock and properly restrain you? You may be entitled to financial compensation for your injuries. To find out more, reach out to Florida Products Liability Attorney Jason Turchin today. Jason and his team have represented many clients who have been hurt by defective automotive parts, and we want to help you too. Call the Law Offices of Jason Turchin today at (800) 337-7755.
Have you ever hit the brakes a little too hard and noticed that the seat belts locks in place and holds you against the seat? We tend not to think about it because we assume that as long as we are wearing our seat belt, we are safe. Without the extra restraint, however, the effectiveness of the seat belt would be impaired, and could cause you to slam into the dashboard or the seat in front of you in the event of a crash.
In November 2018, Mercedes Benz USA notified the National Highway Traffic Safety Administration (NHTSA) about defective PRE-SAFE functions in a number of vehicles. In certain Mercedes vehicles, the electric PRE-SAFE functions as well as the pyrotechnic tensioning may fail to activate in the event of a crash.
The seat belt defect causes an otherwise correctly fastened seat belt to be incorrectly detected as unfastened, which would then prevent the seat belt pretensioners from activating in the event of a crash. This defect seriously increases the risk of injury upon impact during an accident.
The defect is possible in the following 2019 vehicles:
A seat belt that inaccurately detects a seat belt as being unfastened has a manufacturing defect. In other words, the PRE-SAFE function may be made in a careless or negligent way.
There are three ways a plaintiff in a products liability suit can generally hold Mercedes liable for injuries caused by a defective seat belt pretensioner, which include strict liability, negligence, and breach of implied warranty.
In a strict liability action, the plaintiff must typically only prove that the seat belts were unsafe when used as intended.
In a negligence claim, the plaintiff must show that Mercedes breached its duty of care to consumers. A plaintiff must typically prove that Mercedes failed to act as a reasonably prudent person would have when placing the vehicle into the chain of commerce. Alternatively, the plaintiff may instead show that the manufacturer breached its duty of care to consumers by failing to use reasonable care when assembling the PRE-SAFE function.
The plaintiff may prove breach of implied warranty based on a consumer’s reasonable expectation that the seat belts are properly functioning and safe. A reasonable person wouldn’t buy a car if he or she knew the seat belts wouldn’t keep them safe in a collision.
If you were injured in a car accident and the seat belts in your Mercedes Benz did not properly restrain you, the Law Offices of Jason Turchin may be able to help you. Call us today at (800) 337-7755 to speak with a Products Liability Attorney to find out how we can get you the compensation you deserve. It’s always a free consultation!
Florida product liability lawyers – Vehicle product liability claims