Strict product liability laws allow consumers to recover damages when they suffer injuries because of a defective product. Under these laws, an injured consumer does not have to prove that the manufacturer of the product was negligent. A court might find the manufacturer liable even if it did everything to manufacture and sell a safe product.
These laws typically cover defective automotive parts. So if an unsafe auto part like a defective tire caused your accident and your injuries, you may pursue a claim under strict liability laws.
Proving Strict Liability
In a typical tort case, you might have to prove that the defendant was negligent in some way. For example, if a driver caused a wreck that injured you, you might have to prove the driver was negligent by speeding or running a stop sign, and that caused your wreck.
That’s not the case under strict product liability laws. If you were using the product as intended, but the product caused your accident, the manufacturer is typically liable for your damages. You just have to connect the defect to your accident and resultant injuries. You don’t have to prove negligence.
If you have suffered injuries in an accident you believe was the result of a defective tire, speak to a product liability lawyer at our firm about filing a claim for compensation.
Find a Personal Injury Lawyer, Near Me
(855) 529-0269Does strict liability automatically make a tire manufacturer liable?
Strict liability does not mean automatic liability. A tire manufacturer may claim that the plaintiff used the product in a manner that had the potential to cause injury or used it in spite of knowing that the tire contained a defect.
For example, a tire manufacturer might allege the consumer was aware that a tire had signs of dangerous defects or wear (like large bubbles and bulges in the sidewalls) but chose to drive anyway. They may argue that this leaves the injured party at least partially liable.
Or a tire manufacturer may argue that the consumer filled the tire to too great a pressure, leading to a blowout. It may argue that this, not a defect in its tire, caused the accident. Thus, presenting valid evidence of the defect as well as the cause of the accident is vital to recovering compensation, even in case arguing a strict product liability.
Get Help from a Defective Tire Attorney at Chalik & Chalik
Strict product liability does not mean you are automatically eligible for damages. To understand whether you are eligible to file a product liability claim for compensation that includes medical expenses, pain and suffering and disability, speak with a lawyer at our firm. Call us at 855-529-0269 or contact us online to set up a free consultation.
Related Articles
- Hold a Tire Manufacturer Responsible
- Taking Legal Action After a Defective Tire Accident
- Determining If a Defective Tire was the Cause of an Accident
Call or text Chalik & Chalik
(855) 529-0269
Causes of Ozone Cracking
We all notice when a new line appears on our face due to aging, but not everyone notices when their tires start getting lines or cracks from age or from other elements. When this happens, it is possible that ozone cracking in tires has occurred. There are three main causes of ozone cracking: Defects in...
Internal Tire Repair Failure Can Cause Casing Separation
The National Highway Traffic Safety Administration (NHTSA) approximates that every year, tire failures causes 11,000 motor vehicle crashes. Some of the most common causes of tire failure include the following. tread separation. blowouts. bald tires. and, underinflated tires. When a tire isn’t repaired correctly, it can put you at great risk for accident and injury....
3 Things You Need to Know about Tire Registration
There’s an ongoing discussion about tire registration, and many vehicle owners want to know whether or not they should bother with it. Below we explain a couple of key concepts about registering tires, and why the issue is still a topic of discussion. Registering Tires is Voluntary First, it’s important to know the legal rules...
Flaws in Tire Identification, Registration, and Recall System
According to the National Highway Traffic Safety Administration, tire failure causes approximately 11,000 accidents per year, some of which lead to serious injuries or fatalities. But how do consumers know when a tire is at risk of failure and requires replacement? Some experts argue that there are flaws in the tire identification, registration and recall...