When purchasing a vehicle, drivers expect it to be equipped with necessary safety features to protect themselves and others on the road. In Florida, however, some vehicles may not meet safety standards or include essential equipment, putting drivers, passengers, and pedestrians at risk. Automotive "failure to equip" claims arise when manufacturers or sellers neglect to install essential safety features or equipment, leading to serious accidents and injuries. In this blog, we’ll explore the basics of failure to equip claims in Florida, including what these claims involve, common types of failure-to-equip cases, and what plaintiffs need to prove.
Understanding Automotive Failure to Equip Claims
A “failure to equip” claim is a type of product liability claim that arises when a vehicle lacks the necessary safety equipment or features that could have prevented harm in an accident. These claims are typically directed at the manufacturer or, in some cases, the dealership or distributor, especially if there was an obligation to install additional safety features or equipment under Florida law or national safety standards.
Under Florida's product liability laws, vehicle manufacturers are held to high standards to ensure their vehicles meet safety regulations. These requirements can include equipping vehicles with safety features such as airbags, seat belts, anti-lock brakes, stability controls, and advanced warning systems. Failing to install these features or other critical safety components may constitute grounds for a failure-to-equip claim.
Common Types of Automotive Failure to Equip Cases
Failure to equip claims often involve the following safety features or systems:
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Airbags: Airbags are a critical safety component designed to reduce injury in the event of a collision. Failure to equip a vehicle with functional airbags, or having faulty airbags, can result in severe injuries or fatalities.
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Seat Belts: Florida law mandates seat belts in all passenger vehicles. If a vehicle lacks seat belts or has defective seat belt systems, it exposes occupants to higher risks in crashes.
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Anti-Lock Brakes and Stability Control: Anti-lock braking systems (ABS) and stability controls improve vehicle handling in emergencies. A failure to equip these features, particularly in larger vehicles or trucks, can increase the risk of rollover accidents.
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Electronic Safety Features: Advanced safety technologies like lane departure warnings, collision avoidance systems, and rearview cameras are increasingly required in new vehicles. Absence of these can lead to preventable collisions.
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Tire Pressure Monitoring Systems: Underinflated or overinflated tires are a common cause of blowouts. Tire pressure monitoring systems (TPMS) alert drivers to dangerous tire conditions. The lack of a TPMS can expose drivers to increased risks of accidents due to tire failures.
Proving a Failure to Equip Claim in Florida
To bring a successful automotive failure to equip claim in Florida, plaintiffs need to demonstrate:
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Duty: The manufacturer or seller had a duty to equip the vehicle with essential safety features as mandated by Florida law, federal regulations, or reasonable industry standards.
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Breach of Duty: There was a failure to install these features, or the installed equipment did not function as expected due to negligence or defect.
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Causation: The lack of the necessary safety feature directly contributed to the accident or the extent of injuries sustained.
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Damages: The plaintiff suffered quantifiable damages, such as medical bills, lost wages, or pain and suffering, as a result of the accident.
Important Considerations for Plaintiffs in Failure to Equip Claims
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Vehicle Inspection and Expert Testimony: Determining a failure to equip often requires a professional inspection and expert testimony to identify missing or defective equipment and establish the connection between these issues and the accident.
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Statute of Limitations: A statute of limitations dictates the time you have to file your lawsuit. The Florida limitations period is different depending on whether you are filing a personal injury claim or a wrongful death claim and other considerations. Please discuss with an experienced Florida lawyer.
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Comparative Negligence: Florida follows a comparative negligence rule, which means that if the injured party is partly at fault for the accident, their recovery may be reduced proportionately or entirely. Defendants may argue that the plaintiff's actions contributed to the accident to minimize their liability.
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Evidence of Regulatory Violations: Violations of federal safety standards, such as those set by the National Highway Traffic Safety Administration (NHTSA), can strengthen a plaintiff’s case. Showing that the vehicle did not comply with required safety standards can be compelling evidence of negligence or defective manufacture.
Conclusion
Automotive failure to equip claims provide an essential avenue for injured individuals to seek compensation when accidents could have been prevented with proper safety equipment. If you or a loved one has been involved in an accident due to missing or faulty equipment in a vehicle, it is crucial to consult with an experienced Florida product liability attorney. These claims can be complex, often requiring detailed investigation and expert analysis, but they serve an important role in promoting road safety and holding manufacturers accountable.
Navigating failure to equip claims requires a deep understanding of Florida’s legal landscape and product liability laws. An attorney with experience in automotive and product liability cases can assess your situation, gather the necessary evidence, and advocate for your right to fair compensation.
Have you or someone you know been injured as a result of a car crash? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
