Miami Defective Airbag Attorneys
Drivers and passengers in a vehicle with defective airbags may never know about the danger the airbag poses until it is far too late. By now automobile and light truck owners throughout Miami and South Florida have heard or read about the problems with airbags that are intended to protect drivers and passengers during traffic accidents.
Some airbags have defective components, particularly those used in steering wheel airbags, are prone to explode when the airbag deploys. As a consequence of that explosion there have been reports of serious injuries and even deaths. If you or a loved one were in an accident where the airbag failed to deploy or the airbag caused a serious injury, the Miami airbag defect attorneys at Suarez & Montero can help!
How Our Experienced Lawyers Can Help You after an Accident Caused by Defective Airbags
Airbags have saved millions of lives across the world. In the event of an accident, functioning airbags can mean the difference between minor cuts and bruises and serious head injuries or deaths. Sadly, most drivers aren’t really sure if their airbags are working properly until they need them. Like virtually all product liability suits, defective airbag cases involve technical and legal issues. For severe injuries or wrongful death cases caused by defective car parts or accessories, you will need an experienced personal injury attorney to go after the negligent manufacturer. Big car makers have big legal departments ready to fight injured people like you. Product liability cases are complicated and expensive, but not out of reach for anyone with a strong injury claim.
Defective Airbags and Associated Personal Injury
If negligence was the cause of your airbag’s malfunction, you could seek compensation from the manufacturer or other responsible party. Some common injuries drivers and passengers sustain as a result of faulty airbags in Miami include the following:
- Traumatic brain injuries
- Head and back injuries
- Neck injuries
- Chest injuries
- Broken bones
- Spinal cord injuries
- Severe abrasions and bruises
Risk of Defective Airbags Highest in Certain Models
Companies that manufacture cars, trucks, and vehicle parts and accessories have a legal obligation to comply with state and federal safety standards. Sometimes car manufacturers only find out about a defective part after someone is injured. Manufacturers want to protect their corporate reputation. They also want to protect their bottom line. The last thing they want is to be sued because they failed to issue a recall right away. Vehicle manufacturers will issue recall notices directly to car buyers, and through news sources. When you are notified of a recall and fail to have the dangerous part replaced, you are taking a risk. If the part fails and you get hurt, you might not be able to blame the manufacturer for your injuries. Some manufacturers who have recalled defective airbags in the past include:
Determining Liability for Defective Airbags
There are generally three different theories by which an injured consumer can pursue a product liability claim: Negligence, Strict Liability, and Breach of warranty.
To succeed in a defective product suit on a negligence theory, the injured consumer must prove four factors. He or she must prove that: The manufacturer of the product had a duty to manufacture or design a product that was safe for use; The manufacturer of the product breached that duty; The breach was the proximate cause of the consumer’s injury; and The injured consumer suffered damages as a result.
Strict liability causes of action do not require that the injured consumer prove that the defendant was negligent. Even if a manufacturer or supplier proves that they exercised reasonable and appropriate care in the making of a product, they can still be found liable for damages. The injured consumer has to prove: A defect in the product caused the injury; The injured consumer was using the product in the manner with which it was intended to be used; and There was no substantial change in the product between the time it was manufactured and the time it reached the consumer.
Breach of Warranty
An injured consumer may bring a breach of warranty claim by proving that the seller made promises about a product and failed to provide an appropriate remedy for it. A valid breach of warranty may exist where a company fails to comply with the terms of the warranty coverage. There are two types of warranties: express warranties and implied warranties. An express warranty is a promise or guarantee that a seller or manufacturer explicitly states. These are usually written statements that make a claim that no injuries will occur if a product is used properly. An implied warranty is the reasonable assumption that a product sold is safe for use and that the consumer will use the product as intended.
Considering a Defective-Airbag Lawsuit?
The U.S. Department of Transportation estimates that one in five traffic deaths could be prevented by airbags, and that full front-seat airbags would prevent forty percent of all serious-to-fatal occupant injuries. Airbags used in conjunction with lap belts would reduce deaths and injuries even further. Along with the potential for saving lives, however, airbags bring with them the possibility of design and manufacturing defects that may cause injury or death to vehicle occupants. Numerous product liability suits based on the failure to equip vehicles with airbags have already been decided in state and federal courts. Lawsuits alleging the malfunction of installed airbags have only recently begun making their way through the courts, but more are certain to follow as many of the millions of vehicles only recently equipped with airbags become involved in collisions.
Damages for Defective Airbag Injuries
When deciding to purchase a vehicle, one of the most important safety features a buyer considers is the airbag system. You want the safest vehicle possible for you and your family, and you deserve to have safety features that work properly. But what if the vehicle you purchase has defective airbags? Sadly, airbags sometimes don’t work the way they were intended to. Airbags are designed to prevent injury and death in the event of a car crash, but sometimes, because of poor design or manufacturing, they can actually cause an injury rather than prevent it. Product designers and manufacturers are required to adhere to strict safety rules. When they fail to protect the public from defective products, they can be held accountable. You can pursue compensation from an airbag manufacturer or other negligent party by filing a personal injury claim.
You could collect the following damages in a defective airbag injury case:
- Medical expenses
- Pain and suffering
- Physical therapy and mental health services
- Accident-related mental trauma
- Lost wages
- Disability and disfigurement
- Loss of your enjoyment of life
Injured by a Faulty Airbag? Let Us File a Claim for You
At Suarez & Montero, we know how to fight the airbag manufacturers and auto companies to get you the compensation you deserve for your injuries. We are experienced in resolving airbag defect cases and have the knowledge to help with your airbag defect case. Our lawyers can evaluate and assess your case to see if your airbags functioned correctly. We will handle all aspects of your defective airbag inspection, deal with your insurance company to allow you to recover after a car accident. If you have been injured by a defective airbag, don’t wait to get the help you need. You may be entitled to compensation for your injuries, including payments for your medical bills, lost wages, and pain and suffering. For a free case evaluation, contact our office today for a free consultation!
Call our Miami Defective Airbag Accident Lawyers!
Understanding Florida products liability law are best left to the experts. Navigating the legal process alone is confusing and downright stressful. When you’re involved in an accident and sustain an injury due to a defective airbag, talk to a lawyer about your options going forward. There is no replacement for quality legal advice after being involved in any type of car accident. The attorneys at Suarez and Montero would love to have an opportunity to explain the law in Florida to assist you in presenting a strong claim against the at fault party. When you are dealing with the aftermath of a serious injury, it helps to have experienced legal representation on your side.
At the Law Offices of Suarez & Montero Car Accident Attorneys, you are never just another file or claim to us—you are part of our family and your well- being are just as important to us as if you were our own family. Our skillful attorneys are genuinely committed to our clients. We will fight to make sure that you get the maximum amount of compensation owed to you. Let us help you get the medical care you need and fight to make sure you are compensated for your injuries! Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights.
We are available 24/7 to give you a free, no risk case consultation.
Frequently Asked Questions
An occupant restraint system is a system of generally mechanical devices intended to assure that the occupant of a motor vehicle remains in his or her seat in the event of a collision or rollover. There are two principal types of restraint systems currently in use in motor vehicles sold in the United States: active (seatbelts) and passive (airbags) restraint systems.
An airbag is an inflatable device concealed in the dashboard or steering column. It automatically inflates when a sensor indicates that deceleration forces from an accident have exceeded a preset minimum, then rapidly deflates to protect the occupant. Airbags are completely automatic and remain out of the way and out of sight until the moment they are deployed.
A car that has an airbag is defective if the airbag malfunctions in such a way as to pose danger to vehicle passengers. An airbag that fails to deploy in a serious accident and would have prevented injury is defective. Defective airbags that inflate with such force to injure or kill the occupant are referred to as aggressive. Airbags may also be defective in that they injure the passenger by deploying too late, even if their force of inflation is not too high.
You could collect the following damages in a defective airbag injury case: medical bills, pain and suffering, physical therapy and mental health services, accident-related mental trauma, lost wages, disability and disfigurement, loss of your enjoyment of life.