Airbags deploy with incredible force, and while they are credited with saving tens of thousands of lives, they are also the direct cause of significant injuries. These injuries commonly include facial fractures, severe burns from the chemicals used for inflation, and chest trauma from the impact, and a Tampa car accident lawyer can help you pursue compensation if you were hurt in such a crash.
In some cases, particularly involving defective airbags like those in the massive Takata recall, deployment sends metal shrapnel into the vehicle, causing catastrophic or fatal wounds.
If a faulty airbag harmed you or a loved one, you may have a right to pursue compensation from the manufacturer.
Call us at (813) 445-8161. The team at Boohoff Law, P.A. is here to help.
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ToggleYou were in a crash, and the device meant to protect you may have been the very thing that caused your most serious injury. The sudden, violent inflation of an airbag is jarring and leaves you with unexpected pain and questions about what happened, and this is where having a lawyer for a car accident can make a difference in helping you understand your options and pursue compensation.
The injuries from an airbag are distinct and severe.
If you suspect the airbag, not the crash, was the primary cause of your harm, understand that you may have a product liability claim. This is a legal concept that allows you to seek compensation from the manufacturer for a defective product.
Do you have a nagging feeling that the airbag in your accident didn’t perform as it should have? That feeling is worth exploring, as millions of vehicles have been recalled for dangerous airbag defects, and you may have grounds to sue after a car accident if a defective airbag caused your injuries.
An airbag malfunction isn’t always obvious. A defect presents in several ways, each posing a unique danger.
Proving that one of these malfunctions occurred requires a detailed investigation into the vehicle’s history, the airbag’s components, and the specifics of the accident. Having a clear answer about whether the device was faulty provides a path toward holding the manufacturer accountable for the harm you’ve suffered.
Do not let the insurance company take the car to be repaired or scrapped before it is inspected. Contacting a law firm that handles product liability cases ensures this evidence is preserved and analyzed correctly, which can be critical if you need to pursue a car accident lawsuit.
In Florida, the law provides a way to hold companies responsible for unsafe products through what is known as “product liability.” This means you may be able to file a claim against several different parties.
Simply put, a product liability claim argues that a product you used was unreasonably dangerous. There are three main types of defects that support such a claim:
Our team has years of experience investigating these claims to identify every party that may bear responsibility for your injuries.
Here are the general steps we take on your behalf:
In Florida, you generally have a limited time to file a product liability lawsuit, so you must act. According to Florida Statutes § 95.11, the time limit is now two years from the date of the injury.
If you’re dealing with an airbag injury, there’s a good chance it’s not the only legal or insurance issue you’re facing. Between auto insurance, health coverage, and possibly workers’ comp, you’re now in a multi-claim situation. Each one follows a different set of rules, and they don’t always play nicely together, which is why having a car accident lawyer help me handle these overlapping claims can make the process less overwhelming.
If the crash happened while you were driving for work—delivering packages, heading to a job site, or even running an errand for your boss—you might be covered by workers’ compensation. This is a no-fault system, which means you don’t have to prove your employer did anything wrong. But it also means you don’t get pain and suffering damages.
If you pursue a product liability claim against the airbag manufacturer, workers’ comp will expect to be reimbursed for what they paid out. This is called a subrogation lien. Florida law allows your employer’s insurer to claim back part of your settlement or verdict, but not all of it. We make sure that amount is negotiated properly, so you aren’t left with less than what’s fair.
Yes, most likely. Health insurance works under the same principle. If your plan covered your ER visit, surgery, or rehab, it has the right to seek repayment once you recover compensation from a third party, like the airbag manufacturer. This also applies to Medicaid and Medicare, which have their own rules and strict timelines.
You won’t have to handle that paperwork yourself. We identify all liens early and work to reduce them as much as possible. These negotiations affect how much money you keep after your case resolves.
Even though your injuries came from the airbag, the crash still matters. You may have a separate claim against the other driver for causing the accident. That claim would cover things like property damage and additional medical costs.
But here’s the catch: the at-fault driver’s policy won’t cover the injuries caused by a defective airbag. That’s why these cases usually involve two separate claims—one for the crash, one for the product defect.
Each claim has different legal standards, insurance carriers, and negotiation strategies. Our job is to keep them straight, time them correctly, and coordinate everything so nothing gets missed. The goal is to make sure one claim doesn’t undercut the other, which can directly affect the outcome of your car accident settlement.
Yes. An airbag performs its primary function of preventing a fatal impact while still being defective and causing a separate, severe injury. For example, it might prevent your head from hitting the steering wheel but shatter and send shrapnel into your chest. You may pursue compensation for the injuries the defect caused.
This complicates a case, but it doesn’t necessarily prevent you from having one. The manufacturer may argue you share some responsibility. However, the core of the case is that they produced a dangerous product in the first place. This is a situation where speaking with a lawyer is particularly important.
We handle these cases on a contingency fee basis. This means you pay no upfront fees. We only get paid if we successfully recover compensation for you.
Yes. Having a local attorney is beneficial. We are familiar with the court systems in Hillsborough County and the surrounding Tampa Bay area. Furthermore, the high heat and humidity in Florida are known factors in the degradation of certain airbag inflators, which is a key point in your case.
You should not accept any settlement offer without first speaking to an attorney, especially in a potential product liability case. The at-fault driver’s insurance will only cover damages related to the crash itself, not the separate harm caused by a defective product from a manufacturer.
You are focused on recovery; let us focus on accountability. We regularly help families in Tampa and the surrounding communities hold manufacturers responsible.
If you’re ready to learn more, we’re here to listen. Call Boohoff Law, P.A. today at (813) 445-8161.
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