Responsibility
Much has been written about the importance of seat belts as a safety element that protects us in the event of traffic collisions, carried out multiple campaigns of awareness and awareness of their use and currently very intense surveillance carried out by the security forces to ensure that it takes place. But what happens when this element fails at the key moment, i.e., when an accident, leaving the occupant of the vehicle exposed to the serious risk of precisely that belt should avoid? The answer is very simple: there emerged a case of liability by Defectuosos products of the manufacturer of the vehicle. What is the actual usefulness of the seat belt? As you well know, the seat belt aims to prevent or, when least, mitigate the effects of the so-called second collision to take place a collision or accident. The first takes place when the car hits another vehicle or object, leaving damaged the the vehicle body; While in the second, the occupant of the same without subjection to his seat would suffer a collision against the inside of this or, in the worst cases, it was fired through the moons, impacting against the asphalt. He is estimated that with its use it is possible to reduce up to 45 percent the risk of death in this kind of events, decreasing the odds of suffering from serious injury in such sensitive parts of our Anatomy such as the brain, skull, lungs or eyes in up to 50%. Thus, although it is not infallible in any case, it does allow considerably lower the devastating potential of a traffic accident.
What are the failures that may occur in a belt? The main failures that might occur in the manufacturing or installation of seat belt could be the following: 1. the unintentional opening of the lock when the accident occurs. 2. The false appearance of closed the safety lock, when in fact It is not. 3 To break the tape that holds the occupant to his seat because of the violence of the suffered impact. When any of these circumstances occurs, the occupant of the vehicle is exposed to the terrible effects of the aforementioned second collision, with fatal consequences.
It would then when could speak of liability of manufacturer, to meet the two requirements laid down for the same: to) the product, in this case the vehicle, had some kind of failure. b) A cause of such failure, the consumer suffered serious damage on their person or their property. In this way, it would be for that manufacturer repair damage to the occupant of the vehicle that had suffered damage by the defective operation of the belt. Note, finally, that the occupant would not have to be the owner of the vehicle. Anyone who occupy that seat belt was not activated properly would be entitled to that repair, the amount of which will depend of the the magnitude of the damage that it had caused him.