The federal agency is opening the probe because of a perceived failure to follow regulations by Jeep’s parent company. Some of the issues include a failure to quickly notify owners of cars about safety recalls, fix recalled cars fast enough, and others. The fines and penalties for all of these failures could reach $700 million.

Current Probe Over Faulty Airbag Lights

In addition to the scrutiny over past safety issues, NHTSA will investigate complaints about how Jeep’s airbags work. According to numerous complaints, vehicle airbag lights light up indicating an electrical problem that could cause the airbag to fail. If the agency finds that the vehicle’s equipment is faulty, they could issue additional recalls for the affected models.

The NHTSA is authorized by several federal laws to issue and enforce regulations dealing with safety problems in vehicles. These safety laws are updated nearly annually by congress as cars and standards continue to change. And the laws congress has passed have teeth. The NHTSA can issue fines, order recalls, and even shut down companies if they pose a significant enough risk to consumer and travel safety.

Florida’s Law to Protect Drivers

In addition to the rules and regulations that are passed by congress and issued by the NHTSA, Florida has laws that protect drivers. Florida’s personal injury and product liability laws are just two examples of how drivers are protected. Both laws have the aim of making a victim whole and compensating them for injuries. In a situation involving a faulty airbag, someone injured would likely have a case under Florida’s product liability laws.

Product liability follows the theory of strict liability. This means that the person bringing the complaint does not have to prove negligence, just that the product was faulty. And a product liability case can be brought (in the case of a faulty airbag) against the car company that sold the car, the manufacturer, and the company that produced the airbag. This shifts the burden of ensuring that the public uses safe products onto the the companies involved in offering them.

What to Do if Injured by a Faulty Product

If you are ever injured by a faulty product in the Miami area, be it in a car or elsewhere, contact us. At Alan Goldfarb, P.A., we are dedicated to fighting on behalf of people injured in accidents or by faulty products. We will evaluate your case and give you your legal options. Our practice is dedicated to doing everything we can to win for our clients.

Faulty Airbags Across the Country

Many of the major carmakers are recalling their vehicles so the faulty airbags can be replaced. For example, Honda, is recalling more than five million cars due to faulty airbags. The recalls include some of Honda’s most popular vehicles from a long span of years. Pilots, Civics, and Accords are being recalled if they were manufactured in a time when the faulty airbags were used. There are nine other major carmakers recalling cars as well, including Ford, Toyota, Subaru, Nissan, and others.

Beyond carmakers, the federal government is getting involved as well. Regulators at the National Highway Traffic Safety Administration issued several orders to the company that makes the airbags in question. The company was put on notice that they are to preserve evidence that may be needed in later cases. The NHTSA is also taking formal steps to investigate the company by conducting an engineering test of the airbags. The federal agency is also fining the company up to $14,000 a day until the company begins to cooperate as the agency wishes.

Faulty Airbags in Florida

It should come as a surprise to no one that many of the carmakers, as well as the airbag manufacturer itself, are being sued. And Florida is the location where the major faulty airbags lawsuit will be heard. It was recently decided that U.S. District Judge Federico Moreno from the Southern District of Florida will preside over the cases. There are more than 70 cases that accuse the airbag maker and carmakers of wrongdoing. The cases allege that the company knew of the risks, but continued to make the airbags in any event. In addition, the plaintiffs are suing for lost value of cars that are affected by the faulty airbags.

A Florida resident recently filed a lawsuit against Honda and the company for injuries sustained during a car accident in 2011. The complaint alleges that the airbag exploded with too much force after the crash, and caused severe injuries to the driver’s arm. As with many of the lawsuits now pending, this southern Florida suit alleges that Honda knew about the faulty airbags when they sold the car.

Products Liability

All of these case fall under the laws of products liability. In a nutshell, companies are required to ensure that they products they manufacture, distribute, and sell are safe for the consuming public. When a product is dangerous, and injures the consumer, products liability law requires the companies involved to pay for the resulting injuries. At Alan Goldfarb, P.A., we can help you if you have been injured in the Miami area. Call us today for a consultation.

This is not the first defective product in the auto industry we have heard about recently. General Motors failed to disclose an ignition defect, estimated to have been the source of almost 30 deaths. Toyota faced (and is still facing) the airbag and sudden acceleration debacle just recently, and its sales are still taking a hit. Toyota has recalled nearly 300,000 vehicles to date.

Products Liability

Products liability is an area of civil law that deals with situations in which someone is injured or killed due to defective design, poor quality, or inadequate manufacturing techniques or distribution. Products liability cases often involve vehicles, specifically airbags, brakes, and fuel pumps, but can stem from just about anything. One might encounter a defective product at home, at work, on the way to work in the car, or on a child’s playground.

Defective products can cause severe injuries or death. When a product is being used in a way that it is intended and it does not function properly, the company who designed, manufactured, or distributed said product may be responsible. Even when a product is being used in a way other than the way it was intended, but is a foreseeable use for the product, companies often have an obligation there as well.

Companies often attempt to avoid this liability by providing information about the specific use for items. For example, Q-Tips do not belong in ears. The side of a Q-Tip box tells us specifically to not place the object in our ears and gives us a list of other reasonable (safe) sues for the device. But ask anyone what a Q-Tip is for and most of them will tell you it’s a device to clean one’s ears. The people who use the Q-Tip for such purposes will not likely be able to bring a products liability claim against the Q-Tip company because they are using the device in a way that goes against the specific guidelines enumerated on the box as a warning. Warnings are an entire other area of products liability. Warnings must be obvious, sufficient, and easily understandable. Failure to provide adequate warnings on products that lead to injury may be the basis of a similar lawsuit.

Miami Products Liability Attorneys

If you or someone you know has been injured or killed due to the use of a defective product, you need experienced products liability attorneys to help you navigate what can be a complicated area of the law. Our knowledgeable products liability experts at Alan Goldfarb, P.A. in Miami, Florida know exactly what kinds of issues often arise during the investigation of these kinds of tragic accidents. We will help you navigate the legal system and ensure you are compensated for your injuries to the greatest extent the law permits. Do not hesitate to contact us about your potential products liability case today.