Airbag Injury Lawyer in Miami informs that if a counterfeit or undisclosed salvaged airbag fails and injures you in a Florida crash, you may have two separate legal claims: an ordinary injury claim against whoever caused the crash, and a second claim — grounded in product liability and negligence — against whoever sold, installed, or failed to disclose the defective part. Florida criminal statutes on fake and salvaged airbags do not create the civil claim by themselves, but a violation can be evidence a jury weighs on liability.
eBay’s Airbag Ban Follows a $603 Million Verdict Tied to a Prior Repair
On August 25, 2026, eBay announced that it would stop permitting any seller to list airbags, airbag inflators, gas generators, or steering-wheel airbag covers on its platform, with the ban taking effect September 24, 2026.
The move follows NHTSA’s April 2026 final investigation into inflators marked “DTN,” made by Jilin Province Detiannuo Safety Technology, a Chinese manufacturer. That investigation documented 13 crashes involving the defective inflators, resulting in 10 deaths and 3 severe injuries.
One of the cases behind the ban involves Destiny Byassee, a 22-year-old Florida resident. Her vehicle had been in a prior collision that deployed its airbags, and a repair shop purchased a replacement airbag on eBay in November 2022 to fix it.
The car was later sold through an auto auction to a used-car dealer, and Byassee — the driver who ultimately bought it — had no knowledge that a replacement airbag had been installed in the vehicle. In June 2023, the airbag ruptured during another crash, sending metal shrapnel into the cabin, and Byassee was killed.
In June 2026, a Broward County jury awarded her family a $603 million verdict — $243 million in compensatory damages and $360 million in punitive damages — against the manufacturer. Past results do not guarantee a similar outcome; every case is decided on its own facts, and a verdict of this size is a rare outlier, not a typical result. The Perazzo Law Firm was not involved in this case; it is discussed here as reported public news.
Two Separate Tracks of Liability When a Vehicle Has a Prior Repair
A crash claim usually comes down to one question: who ran the light, who rear-ended whom, who was speeding. Once a vehicle has been in a prior repair, that is no longer the whole picture.
When an airbag fails to perform as it should — whether it fails to deploy, deploys with excessive force, or ruptures like the inflator in the Byassee case — that failure can open a second, independent line of liability that has nothing to do with who caused the underlying collision. Florida product liability claims can proceed under theories of strict liability and negligence against parties in the chain of a defective part, separate from any claim against the at-fault driver.
That means a single crash can produce two defendants, two legal theories, and two different insurance or corporate targets — the driver who caused the wreck, and whoever sold, installed, or failed to disclose the condition of a defective airbag that made the airbag injury worse than it should have been.
What Florida’s Airbag Statutes Actually Do
Florida has two statutes aimed specifically at fake and salvaged airbags. Neither one hands a crash victim an automatic civil win, but both establish duties that matter once a case is in front of a jury.
Fla. Stat. §860.146 — Fake Airbags
Under Fla. Stat. §860.146, it is unlawful to knowingly import, manufacture, purchase, sell, offer for sale, install, or reinstall a “fake airbag” or a “junk-filled airbag compartment” on a vehicle, and a violation is a felony of the second degree.
Fla. Stat. §860.145 — The Airbag Antitheft Act
Under Fla. Stat. §860.145, anyone who sells or installs a salvaged airbag must disclose that fact to the purchaser or consumer, and a business that purchases a salvaged airbag must keep records identifying the airbag, the vehicle it came from, and the person it was purchased from — for 36 months, available to law enforcement on request. Under that same statute, knowingly possessing, selling, or installing a stolen, defaced, or tampered airbag is also a felony of the third degree; failing to disclose salvage status or maintain the required records is a first-degree misdemeanor.
Neither statute creates an automatic civil verdict on its own. But when a body shop, seller, or reseller violated one of these statutes, that violation can be evidence a jury is entitled to weigh on the broader question of negligence and liability in a related civil claim.
What To Do If You Suspect a Fake or Salvaged Airbag
If your vehicle has been in a prior collision and repair, or if you were hurt when an airbag deployed abnormally or failed to deploy, evidence preservation matters immediately — parts and records disappear fast once a car goes back into service or to a salvage yard.
- Do not let a body shop or insurer dispose of the airbag or inflator. The physical part is often the single most important piece of evidence in a product-liability claim.
- Photograph everything — the deployed or ruptured airbag, any markings or part numbers on the inflator housing, the steering wheel or dashboard cover, and the overall interior damage.
- Request full repair records for the vehicle, including any prior collision repair, parts invoices, and — if the car was purchased used — dealership disclosure paperwork.
- Get copies of your medical records documenting injuries consistent with an airbag malfunction, such as facial, chest, or hand injuries from metal fragments or excessive deployment force.
- Talk to a Florida car accident attorney before the vehicle is repaired again or sold so the part and records can be preserved before they are lost.
Frequently Asked Questions
Can I sue if a repair shop installed a fake or salvaged airbag in my car?
You may have a claim against the parties responsible for selling, installing, or failing to disclose a defective or undisclosed salvaged airbag, in addition to any claim against the driver who caused the crash. Whether a claim is viable depends on the specific facts, including what evidence of the part and its history is still available.
How do I know if my airbag was replaced with a used or counterfeit part?
Repair records, insurance claim history (CARFAX-style vehicle history reports), and physical inspection of the inflator housing for manufacturer markings can help establish this. If you suspect a prior repair, a car accident lawyer can help track down the documentation.
What’s the difference between Fla. Stat. §860.145 and §860.146?
Section 860.145 governs salvaged airbags and requires disclosure and recordkeeping. Section 860.146 governs fake or junk-filled airbags outright and makes selling or installing them a second-degree felony.
Is there a deadline to file a claim if an airbag caused or worsened my injury?
In Florida, negligence claims generally must be filed within two years under Fla. Stat. §95.11(5)(a). Product liability claims can carry different considerations, so it is worth having the timeline reviewed as soon as possible.
Does it matter who caused the underlying crash if the airbag itself failed?
It can matter to how fault is divided, but it does not eliminate a potential claim against whoever sold or installed a defective airbag. Florida also applies comparative fault under Fla. Stat. §768.81(6), which can bar recovery only if you are found more than 50 percent at fault for the underlying crash — a different question from whether a defective part made your injuries worse.
Talk to a Florida Car Accident Lawyer About Your Case
A vehicle’s crash history rarely shows up on the surface. If your car has been in a prior collision, or if you were hurt when an airbag failed to work the way it should, it is worth having someone look at the repair history before evidence disappears. The Perazzo Law Firm’s car accident team offers a free case evaluation and works on a no-fee-unless-we-recover basis, though case costs and expenses may still apply. Contact us or call 888-PERAZZO to have your case reviewed.
This is Miami car accident lawyer advertising material. The Perazzo Law Firm maintains a bona fide office in North Miami Beach, Florida. This post is general information only and does not create an attorney-client relationship. No fee unless we recover for you; you may still be responsible for case costs and expenses regardless of outcome. Past results, including any verdicts or settlements referenced above, do not guarantee a similar outcome in your case.