Tire Defect Lawsuits

2009 August 17
by Justin Hill

 Tire Defect Lawsuits

Tire defect cases are a subgroup of automotive products liability. Tire defect cases provide an independent product liability cause of action against the tire manufacturer. But, if they are original equipment on a vehicle, they may also present a claim against the vehicle manufacturer as well.
The Ford/Firestone litigation of a few years back brought the issue of tire defects into the forefront of public knowledge. Until then, fewer people understood that a tire could fail in the normal course of use. The majority of tire cases before and after the Ford/Firestone litigation are based on claims of manufacturing and design defects.

A tire defect, oftentimes referred to as a tire delamination or tire detread, case usually involves the bottom layer of steel belts separating from the second layer of steel belts and outside tread. A large strip of tread, and sometimes accompanying smaller pieces, separating from the tire while in use, often identifies tire delaminations.

It is common for people to refer to these tire events as “blowouts.” A blowout is a sudden loss in air pressure. A tire delamination does not necessarily entail the loss of air pressure. Sometimes the tire will lose the tread but retain its air pressure through the entire accident sequence.

There are a few things an attorney should be keenly aware of when investigating a potential tire case. First, look at the tire and its condition. Are there large pieces of tread missing? Does the tire have air pressure or will it still hold air? How old is the tire (determined by the DOT number)? Those are just a few questions that should be asked. The tire and all tread pieces should be quickly secured and stored in a climate controlled area. Next, talk to occupants of the vehicle, if possible. Also, ask the occupants about how the car felt and acted during and after the tire event. Finally, find any witnesses to the accident who can testify to what they saw.

No Comments

(Required)
(Required, will not be published)