Taking Legal Action Following a Defective Tire Accident
Posted on April 15, 2014 | Categorized: Tire Defects
Defective tire accidents often give rise to personal injury lawsuits that use the legal theory of strict product liability. The theory holds that manufacturers are liable for their products even if they showed reasonable care in making the product. Plaintiffs don’t have to show the manufacturer was negligent. To collect compensation for their damages, plaintiffs must establish only:
- that the manufacturer created the product;
- that a defect existed;
- the defect caused the accident and resultant injuries; and
- the plaintiff suffered damages.
Injured parties can seek both economic and non-economic damages when they bring a products liability claim. Lost wages, medical expenses and future lost wages are examples of economic damages. Non-economic damages are things like pain and suffering and emotional distress.
Proving a Defective Tire Case
There are several types of product liability claims that plaintiffs can bring: manufacturing defects, design defects and failure to warn the consumer of risks. Accident victims should consult an attorney to evaluate their case and the type of product liability case they may pursue against the manufacturer.
Accident reports and investigations by the National Highway Traffic Safety Administration can provide valuable information to prove a tire is defective. Plaintiffs may hire an expert witness to prove a defect as well. Much of the proof in the claim also comes from the discovery process, during which plaintiffs may request information from the manufacturer related to the defect.
The process of collecting evidence and building a case can be tedious and challenging, especially when dealing with serious injuries. Injury victims in Miami are well-served to seek legal consultation and representation from an attorney familiar with defective tire cases.
Lawyers Chalik & Chalik help accident victims establish their case and their right to compensation for their damages. Call our office at 855-529-0269 to schedule a free consultation about your case and to discuss your legal options after a Miami wreck.