Airbags are intended to keep people safe in the event of a car accident. Unfortunately, this is not always the case. If you or someone you know has suffered an injury as the result of a defective airbag, it is imperative to seek the help of an experienced Miami personal injury lawyer. Faulty airbags can cause serious long-term injuries. Additionally, cases involving defective airbags can be very complicated, since there could be multiple liable parties, including the airbag manufacturer or the auto manufacturer.
Last month, the National Highway Traffic Safety Administration (NHTSA) issued a press release urging the drivers of over four million recalled vehicles to have their defective air bags replaced immediately. This latest announcement comes on the heels of several other recalls that were announced throughout 2014. The consumer advisory alert noted that the recall was especially urgent for drivers in states with humid climates, including Florida.
Airbags can fail for a number of reasons, including the airbag failing to deploy, deploying too late, deploying too soon, deploying when it was not necessary, or deploying at an improper angle.
When an airbag fails to deploy as it’s supposed to, the consequences can range from minor injuries to severe long-term injuries affecting every aspect of a person’s life. Possible injuries caused by defective airbags include spinal cord injuries, paralysis, broken ribs, broken bones, lacerations and bruises, neck injuries, eye injuries, burns, traumatic brain injuries, and more.
Identifying airbag defects can be a difficult and complex process. Experienced airbag accident attorneys are well-versed in identifying the experts needed to understand what went wrong. Although an individual may be able to pursue a number of legal claims if he or she is injured by a faulty airbag, the most obvious claim might be a product liability lawsuit against the manufacturer. We will work meticulously to pursue a products liability claim if we determine that your accident was caused by a manufacturing defect or design defect.
A manufacturing defect refers to an error in the assembly of the airbag that is not supposed to be part of the product. Under the principle of strict liability, a manufacturer that has created the defective product will automatically be liable for any injuries resulting from the use of that product, irrespective of the precautions the manufacturer took in developing the product. A plaintiff would only need to show that the flaw that was responsible for the injury was present at the time the product left the factory where it was produced.
A design defect refers to a fault in the original scheme or design of the airbag that causes it to be unsafe and create a risk for users. When a plaintiff claims that a design defect is present, he or she should evaluate whether the product’s design was unsafe before it was even manufactured, whether it was conceivable that the design could cause injury to a user, and whether the manufacturer could have used a different design that would have been safer but not unreasonably more expensive. If any of those questions are answered by a ‘yes,’ the plaintiff may have a valid claim.
Robert Dixon is a highly skilled Miami product liability attorney who represents victims of airbag injuries throughout South Florida. We have years of experience in product liability cases involving virtually all types of defects and injuries. We will work closely with you to give your case the time and attention it needs. We believe that any at-fault party should be held accountable for its negligence. Depending on the facts of your case, you may also have a valid wrongful death claim. Contact us online or call us today at 1-877-499-HURT (4878) for a free, confidential consultation.
More Blog Posts:
Understanding Florida’s “Move Over” Laws, South Florida Injury Lawyer Blawg, November 19, 2014
Your Legal Rights After an Airplane Accident, South Florida Injury Lawyer Blawg, November 19, 2014