Process of Product Liability Claim for a Defective Tire
Posted on January 2, 2015 | Categorized: Defective Tires
When a defective tire causes an accident that leads to injuries, the victims of the accident have the right to file a product liability claim for damages. A product liability claim can yield compensation for medical expenses, personal suffering, lost wages, physical repairs, and more.
While a product liability claim can be a good option for recovering damages, it is also a very detailed and legally complex procedure. If you’ve been injured by a defective tire, here’s what you need to know about the process of filing a product liability claim for damages.
The Duty of the Manufacturer
The first step in a product liability claim process is to prove that the manufacturer of the tire had a duty to manufacture a product that was safe for use. Usually, this is the most straightforward and easy step of the process, as a duty to the consumer from the manufacturer virtually always exists, and is usually just assumed in this type of case.
Proving that a Defect Existed
The second step in the product liability claims process is proving that a defect existed. There are a few types of defects, although only two of which typically apply to defective tire claim: a manufacturing defect or a design defect. You will have to prove that the tire that caused your accident was either designed defectively or manufactured defectively.
An Injury Occurred
The third step is proving that an accident and injury occurred. During this part of the process, you will present evidence that can substantiate the fact that you were involved in an accident and that the incident caused the problem.
- Photo evidence
- Police reports
- Medical reports
The Defective Tire Caused the Accident
Finally, you must prove that the defective product (i.e., the tire) caused the accident. This is usually the most difficult part of the process, but a good product liability attorney can help you prove your accident wouldn’t have occurred but for the defective tire. If you can prove the tire caused the accident (such as because of tire tread separation), and therefore your injuries, then the tire manufacturer (or someone else along the supply chain, such as the tire dealer) will be liable for your injuries.
If held liable, you can recover damages for both economic and noneconomic losses.
- Medical expenses
- Lost wages
- Pain and suffering
Legal Requirements for Filing a Product Liability Claim
One of the most important legal requirements for filing a product liability claim in Florida is that you do so within the statute of limitations. You have four years to file a claim for damages, according to Florida Statutes Section 95.11. So do not delay, get in touch with an attorney today.
Florida law does not require that a plaintiff use the services of an attorney when filing a claim for damages. However, doing so can be beneficial, as an attorney has a much more advanced knowledge of the law and how the claims process and court system works.
Hire a Florida Defective Tire You Can Count On
If you are thinking about filing a product liability claim for a defective tire in Florida, you need an attorney you can count on. At Chalik & Chalik, our firm has handled countless defective tire claims, and we promise to provide you with the legal services you deserve.
If you have questions about how a product liability claim works, how our legal team operates, or your chances of recovery, don’t hesitate to call us for a free case consultation today. You can reach our offices now at 855-529-0269 or via our online contact form.