Posted on August 13, 2026 - by Burnetti, P.A.
A car accident that ends without a deployed airbag often leaves victims facing exactly the injuries the airbag was built to prevent. In Florida, drivers walk away from crashes confused and hurt after an impact that should have triggered protection but did not. Burnetti, P.A. has represented injured Floridians since 1994, and our attorneys frequently hear one urgent question after these crashes.
Can you sue a car company for airbags not deploying? The answer is often yes, though proving it depends on specific evidence of why the failure occurred.
Airbags are not designed to activate in every collision. According to the National Highway Traffic Safety Administration’s overview of air bag protection, frontal air bags are generally engineered to deploy in moderate to severe crashes, equivalent to striking a fixed barrier at 8 to 14 mph or higher. A minor fender bender may simply fall below that threshold, and in those cases, non-deployment reflects the system working as intended rather than a defect.
Real failures happen for different reasons. A defective sensor may fail to register an impact strong enough to warrant deployment. A design flaw, like the kind behind the Takata inflator recalls affecting tens of millions of vehicles, can cause a system to malfunction under real-world heat and humidity conditions common in Florida. Improper installation or a used airbag that was never replaced after a prior collision can also leave a vehicle without working protection when it matters most. Identifying which of these caused your crash is the first step toward answering whether you can sue a car company for airbags not deploying, which applies to your situation.
Design and manufacturing defects are treated differently under Florida law, though both can support a claim. A design defect means the airbag system was flawed for every vehicle that used it, similar to inflators recalled industry-wide after failing to account for heat and humidity in warm climates like Florida. A manufacturing defect, on the other hand, means something went wrong during the assembly of a specific unit, such as a weld or seal that did not meet the intended specification. Both types of defects can leave an airbag unable to deploy, and both can form the basis for a lawsuit against the responsible manufacturer.
Can you sue a car company for airbags not deploying? Under Florida law, liability depends on proving the airbag should have activated, that a defect prevented it, and that the failure caused or worsened your injuries. Florida recognizes product liability claims under theories of negligence and strict liability, meaning an injured driver does not always need to prove a manufacturer acted carelessly. If the defect itself caused the harm, strict liability may apply regardless of how careful the manufacturer claims to have been.
Florida Statute § 768.81 governs comparative fault in these cases, including claims classified as products liability actions. This statute directs courts to apportion fault among every party who contributed to an accident, including the driver, the vehicle manufacturer, the airbag maker, the installer, or a repair shop. A finding that you were partially at fault for the underlying crash does not bar recovery under Florida law, though your compensation may be reduced by your assigned percentage of fault. Building a case that answers the question, Can you sue a car company for airbags not deploying? means gathering the crash report, medical records, and, where possible, the airbag module itself before evidence disappears.
Proving fault also requires connecting the specific defect to your injuries through reliable evidence. This typically includes the official crash report, photographs of the vehicle interior, medical records documenting the injuries consistent with a failed airbag, and, when available, data from the vehicle’s event data recorder. Testimony from an accident reconstructionist or mechanical engineer often becomes necessary to explain to a judge or jury why the airbag should have activated and what specifically prevented it from doing so.
CALL BURNETTI. WE’RE READY.
Our attorneys start by identifying every party in the chain of design, manufacture, and installation who may share responsibility for your injuries. We work with mechanical engineers and accident reconstruction experts to determine whether your crash met the deployment threshold and, if so, why the airbag failed. From there, we build a documented record connecting that failure to the injuries you suffered, whether that means a design defect, a manufacturing flaw, or a sensor malfunction. Once we identify the responsible party, we handle all filing deadlines and evidentiary requirements so nothing is missed before Florida’s two-year window closes.
Call us today at (800) 287-6388 if you are asking yourself, “Can you sue a car company for airbags not deploying?” Florida’s two-year statute of limitations makes early action essential, and evidence like the airbag module can disappear quickly. Burnetti, P.A., is ready to review your crash and pursue full compensation. Consultations are free.
Board-Certified Civil Trial Lawyer and founder of Burnetti, P.A., Doug Burnetti has spent his career fighting for the injured across Florida. Known for his courtroom skill and dedication to justice, he leads a firm built on integrity, strength, and results—recognized by Florida Super Lawyers and Martindale-Hubbell® for excellence in trial advocacy. He is also the recipient of the Jerry A. DeVane Award, presented by the Lakeland Bar Association.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Doug Burnetti, who has more than 31 years of fighting for injured clients across Florida.
Key Takeaways Florida’s no-fault system means personal injury protection generally covers initial medical costs regardless of fault. Visitors can...
Key Takeaways Posting on social media after a car accident can give defense attorneys evidence to reduce or deny...
Key Takeaways Multiple parties can share liability in a self-driving car accident, including manufacturers, software developers, and fleet operators....
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1-800-287-6388.
call us at 1-800-287-6388
Message Us 
Call Us