Let's say you stupidly ignored a recall on your cars Takata airbag system, a thief broke in, took your keys on the dining table and drove off with your car. He/she got into a minor fender bender with a bollard which set the airbags off, resulting in death.
Are you liable?
Why would you be liable in the first place?
Dumb thoughts
I think OP has in mind the hypothetical scenario where if a thief breaks into your home and hurts themself, then they could sue the home owner. In that case, it's only if the home owner had the intent of hurting/trapping any thieves.
In this case, I don't think so. However, if you get into an accident yourself and hurt yourself because the airbags were faulty, then the insurance could possibly reject your claim.
In other words, do not ignore the recall.
Your comment reminds me of this internet myth.
"Man gets stuck in garage after burglary, sues family:
Terrence Dickson, of Bristol, Pennsylvania, who was leaving a house he had just burglarized by way of the garage. Unfortunately for Dickson, the automatic garage door opener malfunctioned and he could not get the garage door to open. Worse, he couldn’t re-enter the house because the door connecting the garage to the house locked when Dickson pulled it shut. Forced to sit for eight, count ‘em, EIGHT, days on a case of Pepsi and a large bag of dry dog food, he sued the homeowner’s insurance company claiming undue mental Anguish. Amazingly, the jury said the insurance company must pay Dickson $500,000 for his anguish."
Murica, the land of the stupid lawsuits….and victories, enough said.
Why would you ignore it in the first place?
Hypothetically you'd be a dumbass
Why would you be? What is your logic to think this is even a possibility? If someone steals my car I kind of hope the airbag goes off and injures them - karma is a bitch.
Dead thief can't sue.
Hypothetically the thief would be dead. And you would be to blame. Not liable, but to blame for not doing it in the first place.
Well, hypothetically, I wouldn't feel bad about it. Sometimes we just need to let carma kick in. :)
Karma**
But hypothetically, you would still be without a car. Btw who leaves keys at the dining table? That's way too close to my food lol!
Maybe he wasn't a thief and he car you had was stolen and he was simply trying to get his car back. Then he faked his death to get featured on a hypothetical forum post on OzB :D
In this case, it would be carma. :)
It's a pretty stupid question considering the chances of you being at the wheel are far higher than any thief, unless you live in Tarneit.
It isnt really considering that many stolen cars are used in ram raids.
Bit hard to sue yourself for when your dead from driving your own car with your airbag recall you didn't get done.
Be careful. For all we know OP could be planning a murder.
Simple solve, just say that you had not got notice of the recall or had not had the chance to book it in.
Also note that the driver was not given permission to drive the car.
You would only be held responsible if it could be proved you were negligent in some way. Now, if you filled the airbag with broken glass and nails with the intent to injure someone, that could be an issue. They would have to go after Takata or the vehicle manufacturer for installing the faulty airbag.
No.