Holding a Tire Manufacturer Liable
Posted on December 5, 2014 | Categorized: Defective Tires
If you or a loved one was injured in an auto accident that resulted from a tire defect, you may be entitled to compensation for your damages from the tire manufacturer. Manufacturer liability claims can be complex, and each case is unique, so make sure to consult a product liability attorney to discuss the specifics of your case.
Manufacturer Claims and Strict Liability
Claims against a manufacturer for injuries caused by a defective or dangerous product are called product liability claims. These claims can be brought on the premise of strict liability. “Strict liability” is the legal term to describe liability that’s not based on negligence. In order words, you can hold a tire manufacturer responsible for damages caused by their defective tire without having to prove that they acted negligently, per se.
Some defective tire claims can be brought based on negligence but in most cases, proving negligence is unnecessary. Instead, you prove that the tire was defective, dangerous, or improperly manufactured, and its defect contributed to your injury.
Common Types of Tire Defects
Below are some of the common types of defects.
- Steel belt rusting
- Tire tread separation
- Poor quality adhesives
- Bead failures
- Sidewall failures
- Moisture or foreign matter cured into the tire
In addition to putting a defective tire on the market, manufacturers can also be held liable if the tire was designed in an unsafe manner, or if there was some dangerous flaw on the tire and the manufacturer failed to warn buyers.
Potential Defendants in Tire Injury Claim
In product liability, it’s not only the manufacturer that may be legally responsible for injuries caused by the product. In fact, any party along the supply chain is potentially liable. This includes the retailers and service providers.
In many cases, more than one defendant may be named on your claim. You’ll want to consult an attorney to ensure you identify the correct party (or parties) for your particular case.
Common Defenses Manufacturers Use
Manufacturers often refute claims and apportion blame to the consumer in order to decrease their liability. Defendants’ attorneys scour the accident information for evidence that the victim was somehow at fault for the accident.
They might say that the victim is responsible for the tire failure because he/she didn’t properly maintain it. They might say the tire was over- or under-inflated, or was old and in need of replacement. If the victim wasn’t wearing a seatbelt, the manufacturer could cite that as a means to pin partial liability on him or her.
If you file a claim against a tire manufacturer under strict liability, they will try to argue against you and negotiate a small settlement. So it’s important to have an attorney help you file the claim and carefully prepare the case for the best chances of a obtaining a fair and sizeable settlement.
Tire-Related Injury Claims in Florida
If you suffered an injury because of a tire issue, we encourage you to call our tire manufacturer liability attorneys at Chalik & Chalik. Contact us today at 855-529-0269 to schedule a free, no-obligation consultation at your convenience.