Everything You Need to Know About Tire Liability Claims
Tire defect lawsuits are filed under a theory of product liability. Product liability has several unique features that are different from other kinds of tort or injury lawsuits. For instance, it is presumed that when a company manufactures a product for public consumption, they have an implied duty to ensure that product is safe for use. In most other tort lawsuits, this duty cannot be taken for granted. For that reason, you don’t necessarily need to prove negligence to win a product liability lawsuit.
What Will You Need to Prove a Tire Liability Injury?
Essentially, you must prove that a defective tire resulted in your injuries. These can be broken down into three types:
- Those in which the tire has a design defect;
- Those in which the tire had a manufacturing defect; and
- Those in which the manufacturer failed to warn consumers about a potential problem.
Tire liability lawsuits can fall into any one of these categories.
Proving the Tire Caused the Accident
This is the most difficult part of the process. You must be able to connect the defective tire to the accident that occurred. Indeed, even in cases where it is quite obvious that the tire was responsible for the accident, the company that manufactured the tire will deny that there was a problem with the tire. They can blame you for the accident. They may blame the street. They may claim that whoever installed the tire is to blame. But they will never take responsibility for the tire malfunctioning.
For that reason, you need an attorney who understands tire failure and the various ways in which a tire defect can cause a tire to fail. For evidence, we will use the tire itself, the behavior of the tire, and consider the conditions under which the tire failed.
The “Magic Nail” Defense
Over the course of our careers as personal injury and tire defect attorneys, we’ve run across some pretty bizarre defenses. One of the most interesting defenses involved a magic nail. Attorneys for the defendants claimed that, at some point, a nail had embedded itself into the treads of the tire causing air to slowly seep out until the tread of the tire failed.
When tread separation occurs at high speeds, the results are often disastrous. This was the case for our client who suffered catastrophic injuries as a result of the accident. In order to prove that a nail could not have caused the tire defect, we analyzed the tire’s design. This included taking x-rays of the tire. The defense was unable to explain how the nail could have penetrated through the tire and then been magically absent by the time the tire failed.
Talk to an Attorney who Has Experience in Tire Defects
When dealing with tire companies, your best bet is to seek the counsel of attorneys who are skilled at building cases against them. The Tampa tire defect attorneys at Halpern, Santos & Pinkert, P.A. have successfully recovered millions of dollars for our clients. Give us a call and set up a free consultation today.