Tire Defects and Victims’ Rights
Statistics show that tire defects contribute to a large number of motor vehicle accidents each year. Despite stringent rules and regulations, some defective tires do end up being used on the road. Using defective tires not only puts the car and its passengers in danger, it also puts the other people on the road in danger too.
Even when a recall is conducted, it is usually done after a number of accidents have occurred in relation with the defective product. For this reason, tire defects should be dealt with very seriously. Tire defects are often caused by two different things:
Defect Caused By Manufacturer
When there is a defect in a tire from production, the manufacturer and the dealers share the responsibility for ensuring a proper recall. Like any product, even tires have an expiration date and ideally, the tire should not be older than 6 years old. Even if a tire looks and appears healthy, that is, it still has its treads visible, it can still cause a blowout which can result in a serious accident involving injuries or even death.
Tires must be manufactured under very specific conditions in order to ensure their safety for use on the road. For example, the temperature and humidity in the factory must be carefully controlled to make sure that the treads of the tire adequately adhere to one another, if the conditions aren’t within certain specifications, the tire treads can peel off from one another while the tire is in use, potentially causing a serious accident.
Failure to organize a proper recall or discontinue the sale of defective tires despite knowing the high risks associated with a defective tire means that the manufacturers and the dealers can be held accountable for the accident.
Defect Caused By Negligence
In some cases, the defect in the tire is not caused because of the manufacturer. It can be caused by wear and tear or it can be due to the way the tire is installed or repaired. Tire defects related to this type of negligence include the following:
- Overloading of the tire
- Under-inflation that increases the chances of a blowout
- Excessive wear down of the tire
- Mismatching of the tires
- Faulty repair of the tire
- Improper installation of the tire on the rim
Negligence of this type can be due to the vehicle owner or a service facility not taking proper steps to ensure the safety of the vehicle, and if injury or death results, claims against both need to be investigated. Tire defect cases can be very complicated and expensive, and getting help from a good personal injury lawyer Delray Beach FL counts on can be invaluable.
Thanks to our friends and contributors from the Law Offices of Eric H. Luckman, P.A. for their insight into personal injury cases.
Posted on September 3, 2017 @ 8:20 pm