When the Safety System Is the Hazard: Defective Airbags, Seatbelts, and Florida Crashworthiness Claims
Most people assume that when a crash causes a serious injury, the other driver is the only one responsible. Sometimes the more important question is what happened inside the vehicle. An airbag that fails to deploy, fires too late, or ruptures, or a seatbelt that unlatches on impact, can turn a survivable collision into a catastrophic one. Our Fort Lauderdale auto defect lawyers handle these cases, and Florida law treats them very differently from an ordinary car accident claim.
The Crashworthiness Principle
Manufacturers are not expected to prevent every crash. They are expected to build vehicles that protect occupants reasonably well when crashes happen, because collisions are a foreseeable part of driving. When a defective restraint system causes harm beyond what the crash alone would have produced, the manufacturer can be held liable for that additional injury. These are known as enhanced injuries.
Florida’s comparative fault statute addresses these claims directly. Section 768.81(1)(d) defines a products liability action to include claims that a person’s injuries were greater than they would have been but for a defective product. Section 768.81(3)(b) then requires the jury to consider the fault of everyone who contributed to the accident, including the driver who caused the crash. The Legislature added that language in 2011 specifically to override a 2001 Florida Supreme Court decision that had kept the at-fault driver out of the analysis.
The practical effect is significant. A manufacturer will almost always point toward the negligent driver, and the jury will divide responsibility between them. A strong case therefore requires proving both the defect and the crash, not just one.
Why Florida Drivers Face Elevated Airbag Risk
The Takata recall shows how geography can change the analysis. According to the National Highway Traffic Safety Administration, approximately 67 million Takata airbags have been recalled because long-term exposure to heat and humidity can cause the inflators to explode during deployment, and NHTSA has confirmed 28 deaths in the United States. NHTSA places Florida in its highest-risk zone for this defect. A used car that spent years in South Florida may carry a very different risk profile than the same model from a cooler state.
Seatbelt failures follow their own patterns, including buckles that appear latched but release under load, retractors that fail to lock, and webbing that tears.
The Evidence Problem
Defect cases are won or lost on physical evidence, and that evidence disappears fast. Insurers routinely declare damaged vehicles total losses and send them to salvage auctions within weeks. If you suspect a restraint failure, preserve the following as soon as possible:
- The vehicle itself, kept in its post-crash condition
- The airbag control module, which often records deployment timing and belt status
- Seatbelt assemblies, buckles, and any airbag fragments
- Medical records documenting how each injury occurred
- Recall notices and service records for the vehicle
Before the Car Goes to Auction
A defect claim demands engineering analysis, and the window to secure the proof is short. Boone & Davis has represented injured people throughout Broward County for more than four decades, and we know how to hold vehicle manufacturers accountable alongside negligent drivers. Contact our office for a free review of what happened, and let us help you determine whether the vehicle itself shares the blame for your injuries.
Source:
flsenate.gov/Laws/Statutes/2025/768.81
