Airbag Injuries in Florida – 2 Legal Implications

date iconMarch 18, 2024

The next time you’re behind the wheel, take a moment to really appreciate the sense of safety you feel, and the comfort of knowing you’ll be protected from harm should the worst happen. These thoughts are definitely reassuring, but what happens when that reassurance is shattered, betrayed by the very devices meant to save you? In Florida, airbag injuries have left unlucky drivers to grapple with physical, emotional, and financial anguish, on top of the legal implications of pursuing a case. Whether you’ve been injured by an airbag, want to know how they can cause harm, or just have questions about how their involvement can shape a case, read on as we explore all you need to know to protect yourself.

The Protective Intent Behind Airbags – Functionality & Why Airbag Injuries In Florida Occur

How They Work

Your car’s airbag acts like a protective cushion, minimizing the risk of serious injuries during collisions, by cradling your body on impact. When a collision occurs, your vehicle’s sensors detect the impact and send a signal to the airbag control unit. This triggers a rapid release of gas that deploys and inflates the airbag within milliseconds. The airbag creates a barrier between you and your vehicle’s dashboard; ideally, reducing how much impact force you receive from your vehicle’s internal surfaces – dashboard, window, steering wheel.

Reasons For Airbag Injuries With Proper Deployment

If you’ve ever seen pictures of airbag injuries, you’ve likely wondered how they came about. In a lot of collision cases where the injuries are sustained from properly deployed airbags, factors like sitting too close (improper positioning) or placing objects between yourself and the airbag can lead to injuries upon deployment like bruises, lacerations, and facial/eye injuries. Beyond this, if an airbag properly deploys but the occupant isn’t properly restrained, then they may experience excessive force, leading to head, neck, chest, and spine injuries.

Reasons for Airbag Injuries From Defective Airbags in Florida

For cases of defective airbags in Florida, one may experience severe injuries to their bones, brain, spine, and extremities if there are faulty sensors, improper installation, or other defects like inadequate design from minimal regulatory standards, uneven deployment, premature inflation, electrical system defects, corrosion to the airbag system unit, or counterfeit/aftermarket installations.

The Disastrous Outcomes of Improperly Installed & Defective Airbags in Florida

The rapid development of technology has led to devices becoming infinitely more complex, thus requiring greater care in both manufacturing and installation, as well as pro-activity and vigilance in drivers. This is because when an airbag fails to deploy or deploys incorrectly, it can lead to catastrophic harm.

  • When a defective airbag in Florida malfunctions and deploys incorrectly, it can exacerbate the force of the collision, causing significant trauma to the vehicle’s occupants. Injuries from this can vary widely, ranging from minor cuts and bruises to more severe outcomes like broken bones/fractures, concussions, internal organ damage, and fatalities.
  • Defective airbags are more susceptible to Florida’s hot, humid weather, most notably showcased in the Takata airbag case. Not only were these airbags more likely to deploy with far greater force than necessary, but climate conditions caused the deployment propellant to degrade over time. This resulted in airbags exploding at unpredictable times.

These situations can all be avoided by simply adding regular maintenance, inspections, and timely replacements to your vehicle’s upkeep schedule.

What Are The Legal Implications of Airbag Injuries in Florida?

Victims of airbag injuries in Florida have the right to seek compensation from the party at fault, which could be the airbag manufacturer, the vehicle dealership, or other related group (automotive repair facility, or supplier). With the help of an experienced personal injury attorney, victims can navigate the legal process and pursue their case through:

  1. Product Liability: If you’ve been injured by a defective airbag, you can pursue a product liability claim against the manufacturer. In Florida, product liability laws hold manufacturers accountable for producing safe and reliable products. Defective airbags can stem from design flaws, manufacturing defects, or inadequate warnings/instructions.
  2. Demonstrating Negligence: In airbag injury cases in Florida, negligence is crucial. Victims must prove that the party at fault, be it the manufacturer, dealership, or another entity, acted negligently. This involves showing a breach of duty in ensuring airbag safety, directly causing the victim’s injuries. Negligence factors include inadequate testing, improper installation, failure to issue recalls, or manufacturing defects.

Airbag Injury Case Considerations

If you’re involved in an airbag injury case in Florida, it’s critical to remember that Florida is a comparative negligence state and that there is a statute of limitations set. If you, the injured party, are found partially responsible for your injuries, your compensation may be reduced. Additionally, the statute of limitations for personal injury cases is typically 4-years from the date of the incident, and failing to file within this time frame can bar you from seeking compensation.

Protect Your Rights By Reaching Out To Personal Injury of Florida

To protect your rights and maximize your chances of a successful claim, it’s advisable to consult with us as soon as possible. We can help you understand the potential damages available in your specific case, and guide you through the legal process so that you obtain the compensation you deserve. Don’t face the aftermath of an airbag injury in Florida alone – get a free consultation by giving us a call at 561-507-5700, 24/7, or use our contact form.