When you get behind the wheel, you trust that your car’s safety features will protect you in an accident. Airbags are one of the most critical components designed to keep us safe in a crash. However, millions of drivers across Florida and the U.S. are unknowingly at risk because of a hidden danger lurking in their vehicles: defective airbag inflators.
The National Highway Traffic Safety Administration (NHTSA) recently issued a warning that up to 51 million defective airbag inflators have been installed in vehicles from at least 12 major automakers. These inflators, manufactured by ARC Automotive Inc. and Delphi Automotive Systems LLC, have already been linked to two fatalities and nine injuries, sparking widespread concern. And those are just the ones which have been identified.
When functioning correctly, airbags are lifesaving devices that deploy in milliseconds during a collision, protecting drivers and passengers from severe injuries. Defective inflators are prone to rupturing, which can cause metal shrapnel to be ejected into the vehicle’s cabin. This can turn a relatively minor accident into a deadly event. These defects have led to catastrophic injuries, including severe lacerations, head trauma, and even death.
The NHTSA’s investigation revealed that defective inflators were installed in vehicles from 2000 to 2018, including cars from manufacturers such as General Motors, Stellantis (Chrysler, Jeep, Dodge, Fiat, Alfa Romeo and Maserati), Volkswagen, and Hyundai. Many drivers are unaware their cars are equipped with these potentially dangerous inflators.
The ongoing investigation into these defective inflators parallels the Takata airbag scandal, which led to the largest auto recall in history. In the case of ARC and Delphi, NHTSA’s recall could potentially become the second-largest recall involving millions of vehicles. So far, General Motors has recalled nearly a million cars equipped with these inflators, and other automakers are expected to follow suit.
This issue is particularly pressing for drivers in Florida and other hot and humid areas. Heat and humidity are known to accelerate the degradation of some airbag inflators, increasing the risk of rupture. Drivers in Florida and other high-humidity regions should take immediate action to check if their vehicle is affected by this recall.
While airbags are designed to prevent severe injuries in accidents, defective or improperly deployed airbags can cause a wide range of injuries. When inflators rupture, they can eject metal fragments or deploy with excessive force, leading to serious harm.
Below are some of the most common types of injuries caused by defective airbags:
Under Florida law, manufacturers of defective products can be held strictly liable for injuries caused by those defects. If a defective airbag injures you, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. Even if your vehicle has not been officially recalled, manufacturers can still be held accountable for failing to ensure their products are safe.
Florida operates under a comparative negligence system, meaning that even if a victim is partially at fault (e.g., not wearing a seatbelt), they may still recover damages, though the amount could be reduced.
If you’ve been injured by a defective airbag in Florida, you have two years from the date of the injury to file a product liability lawsuit in Florida. However, the sooner you take action, the better, as gathering evidence (including the defective parts) and identifying the responsible parties can be complicated.
If you own a vehicle from any manufacturers involved in this recall, act quickly to determine if your car is equipped with a defective inflator. You can use the NHTSA website to check your vehicle’s VIN and see if your car is part of the recall. If it is, contact your dealership to schedule a free replacement as soon as possible.
While the manufacturers are responsible for fixing the defect, you may still need to take legal action if you’ve already suffered injuries from a malfunctioning airbag.
The risk posed by defective airbags is real and immediate. Millions of drivers are unknowingly putting themselves and their families at risk every time they get behind the wheel. If you or a loved one has been injured by a defective airbag, you have legal options. Consulting with an experienced product liability attorney can help ensure you receive the compensation you deserve.
Leighton Panoff Law has extensive experience in handling complex product liability cases and holding negligent manufacturers accountable. Contact us today for a free consultation.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite