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Fort Lauderdale Personal Injury Attorneys > Blog > Auto Accidents > Safety Concerns Over Vehicle Airbags

Safety Concerns Over Vehicle Airbags

Vehicle airbags have, without a doubt, saved countless lives since they first became a regular part of a vehicle’s safety features. When they deploy in an accident, they create a buffer between you and your vehicle that helps to keep you stabilized within the vehicle and safer during the accident. These safety devices can, however, have an opposite effect when they go off on their own, not during the course of an accident, but as a result of a defect. One South Florida man recently experienced this issue, when he hit a pothole in the road, lost control, and hit a median – his airbag detached, exploded, and knocked him out. The man learned after the fact that a recall had been issued for that particular type of airbag, but by then it was too late – the accident had occurred and he had been injured as a result of the incident. The man involved this incident is now suing both the vehicle and the airbag manufacturer over the issue.

Who Is At Fault – The Vehicle Manufacturer Or The Airbag Manufacturer?

Under Florida law, according to Florida Code Section 768.81, a products liability action is a civil case brought for damages which are determined to be caused by a defective product. A defect in a product can originate at any time including during its design, during the manufacturing stage, or while it is being installed. In a products liability case, the plaintiff must show that the damages he is seeking, such as for his or her personal injuries, medical expenses, pain and suffering, or whatever the case may be – were caused by the defective product.  If there is more than one defendant, as may eventually be in the airbag victim discussed earlier, if the product is found to be defective, and the damages were caused by the defective product, then the damages are apportioned between the parties according to what percentage each party is found to be at fault.

How Long Do I Have To File My Action?

In Florida, the statute of limitations for product liability cases is two years. This two-year time period begins to run from the date that the cause of action was – or should have been – discovered. In many cases, this would likely be the time of an accident or incident during which it was discovered that a particular defective product caused damages; this time period can shift, however, based on the facts of individual cases. In any event, the case should be filed sooner rather than later to avoid statute of limitations issues – if the time limit has run out, your case could be thrown out and you would not be able to recover for your damages.

Reach Out to Us for Help

If you have been injured due to a defective product, contact Boone & Davis. Our experienced Florida legal professionals will sit down with you to review the facts of your case and explain to you what your case may entail and what you can expect to happen during the course of your legal matter. You do not have to face the court system on your own. Contact us today online or by phone at 954.556.5260 to get started towards recovery.

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