How Strict Automotive Product Liability Applies to Tire Defect Cases
Posted on January 3, 2015 | Categorized: Tire Defects
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.
Does 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.
- Hold a Tire Manufacturer Responsible
- Taking Legal Action After a Defective Tire Accident
- Determining If a Defective Tire was the Cause of an Accident