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Woman sues BMW for airbag injuries

12:00pm Friday 15th December 2006

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A HAMPSHIRE woman is suing the BMW car maker after being severely injured when a car airbag exploded in a high-speed crash.

Ruth Findlay, 49, of Kings Worthy, near Winchester, is demanding damages of £150,000 from BMW after the accident in May 2003.

She was a passenger in a BMW estate car driven by Nicholas Findlay - thought to be her husband - when he collided with a deer at about 97 mph, according to a writ issued in the High Court.

The airbag inflated, and caused devastating injuries to both eyes, including a ruptured right eyeball, a fractured right eye socket, and severe internal damage to her left eye.

Mrs Findlay, pictured, an NHS manager, subsequently needed three operations, suffered psychological difficulties and had to take months off work.

Although she returned to work, her health deteriorated and she took sick leave in September 2005.

Mrs Findlay, of Ilex Close, is believed to be still off work.

She blames BMW for her injuries, which she alleges were caused by a defect in the car, which was not as safe as she was entitled to expect.

There should have been no risk of injury from the airbag, and the airbag deployed late, the writ says.

Mrs Findlay also accuses BMW of failing to design, install or supply a safe system of passenger protection.

She says she had no sight, or only extremely limited sight, for the first three months after the accident, and needed nursing care and support.

Although after August 2003 she tried to become more independent, she still needed help with shopping, washing, and cooking.

She is likely to need care and help in future, and will have to pay workmen to decorate and do the DIY she used to do herself.

Mrs Findlay also sued Mr Findlay for damages, blaming him for the accident on the M4 in Wiltshire, saying he was driving at an excessive speed and hit a deer as it crossed the carriageway, the court will hear.

Mrs Findlay accuses him of driving too quickly, failing to see the deer in good time, failing to heed signs warning of deer for 50 miles, failing to avoid the collision, and driving without due care and attention.

When contacted by the Daily Echo, Mrs Findlay declined to comment.


Your Say YourThis is Hampshire

Silly Billy, says...
1:17pm Fri 15 Dec 06

when he collided with a deer at about 97 mph
And she sued her husband for this fact as well. So why should BMW provide support for people driving in unsafe conditions ? What if I drive my car in to the sea and drown - is it there fault for not making it waterproof ?

j harrison, says...
2:01pm Fri 15 Dec 06

she has no case against BMW, this was entirely Mr Findley faults for speeding

Gill O'Teen, says...
3:54pm Fri 15 Dec 06

Why stop with BMW - sue the deer's remaining family.Whatever happened to "slow down love"

helen in tenerife, says...
4:25pm Fri 15 Dec 06

ruth sued her hubby some people .wont stop at anything.its the deer i felt for .ruth your nothing but a money grabber

Peter, says...
1:44am Sat 16 Dec 06

This is a pure bmwism : obviously some people believe that the BMW cars are supernatural, so their maker must be responsible for everything what happens to them.

A N Other, says...
1:27pm Mon 18 Dec 06

In the event of an accident an airbag is supposed to offer you protection.In this event it obvioulsy deployed incorrectly and has tragically blinded Mrs Findlay. There must be a case against BMW for supplying faulty equipment.

Anon, says...
3:19pm Tue 19 Dec 06

The reason I personally wouldn't sue a car manufacturer for my car not being waterproof if I drove it into the sea, is that I don't expect it to be waterproof in the first place. I do however, expect 'safety' features within cars to protect my safety, including my eyes.

S Tatecar, says...
5:43pm Tue 19 Dec 06

Is Mr Findlay’s speed really the issue here? Whether driving at 97mph or 30mph, when the airbag had deployed in an accident it would have caused the same injuries. This seems to me to be a case where a product has not behaved as expected, who actually expects an airbag to explode your eyeball when it deploys?! With that in mind surely Mrs Findlay is entitled to seek damages for her injuries.

Passenger Airbags are just marketing tools, says...
10:41am Wed 20 Dec 06

Silly Billy wrote:
when he collided with a deer at about 97 mph And she sued her husband for this fact as well. So why should BMW provide support for people driving in unsafe conditions ? What if I drive my car in to the sea and drown - is it there fault for not making it waterproof ?
So why do they make cars that will do 160 miles per hour if they injur and maim innocent passengers in a very minor accident (a tiny deer would cause very little damage and harly slow the car down) - at speeds that would be considered normal on a German Autobahn. In this sort of accident the airbag should not go off at all.

Pio, says...
6:58am Fri 22 Dec 06

Passenger Airbags are just marketing tools wrote:
Silly Billy wrote:
when he collided with a deer at about 97 mph And she sued her husband for this fact as well. So why should BMW provide support for people driving in unsafe conditions ? What if I drive my car in to the sea and drown - is it there fault for not making it waterproof ?
So why do they make cars that will do 160 miles per hour if they injur and maim innocent passengers in a very minor accident (a tiny deer would cause very little damage and harly slow the car down) - at speeds that would be considered normal on a German Autobahn. In this sort of accident the airbag should not go off at all.
A tiny deer? Microscopic deer is hardly visible. She is right to sue her husband and his BMW. She cannot sue such a small deer. And then, can you sue the animal?

Matt, says...
7:41pm Tue 23 Jan 07

This happened to me when I hit a deer driving 60 mph in a 98 Ford Windstar van. The airbag deployed late, and exploded in my right eye, including rupturing my right eye, dettaching my cornea and destroying my retina/iris.

I had a traumatic cataract and then complex eye surgery where they inserted implants in the eye.

When I wanted to sue Ford, attorneys told me that I had no case until I go completely blind. Even though I was off work for a year and in complete utter pain because of the airbag.

I had on my seatbelt, so ironically, if the airbag had never deployed, I wouldn't have gotten hurt.

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