Virginia Family Wins Brain Injury Case Against Hyundai For Faulty Side Airbag Sensor
Teenager Zachary Duncan's parents filed a personal injury lawsuit on his behalf against Hyundai after he crashed his 2008 Hyundai Tiburon on February 27, 2010. During the wreck, the side air bags failed to deploy, and thus failed to prevent Duncan’s severe brain injuries, which left him in a coma for almost a week.
The team of attorneys representing the Duncans successfully argued that the air bag sensors on Tiburon models released between 2003 and 2008 are flawed, and unable to detect when they should be deployed.
After Duncan’s attorneys made their argument, the jury deliberated for nearly 10 hours before determining Hyundai had made a car that was “unreasonably dangerous.” In legal terms, the jury found that Hyundai had breached the implied warranty of merchantability, which is sometimes the threshold plaintiffs must meet in defective product lawsuits.
In the words of the family’s attorney, if "you put an old, antiquated technology in a car and someone gets hurt, you have to pay for it."