How Defective Tires Can Lead to a Product Liability Claim
Posted on behalf of Phillips Law Group on Feb 19, 2019 in Defective Products
Defective tires can lead to claims of product liability when there is evidence of negligence or a breach in the duty of care owed by the manufacturer. When suffering from bodily harm in an accident caused by defective tires, Arizona product liability laws provide the right to initiate legal action against the liable party and allow you to seek monetary compensation for any losses.
If you or a loved one suffered an injury or property damage because of a defective tire, it is important to contact a Phoenix defective tire attorney at Phillips Law Group for assistance with your claim. We can review the details of your case and determine whether you have a valid product liability claim.
Defective Tires that Cause Accidents
Defective tires generally happen due to faulty manufacturing. However, the age and quality of the product purchased is also important. Defects can cause accidents through tread separation when a design flaw exists. Older tires and blowouts are common because of greater pressure or degradation of the product. Tire defects can include the following:
- Tires without specified components added
- Improper repair of punctures
- Design failures
- Improper suitability of tire for vehicle
- Retread failures after purchase
- Damage to the tire during the mounting process
- Manufacturing defects before purchase
Defective Tire Recalls
Recalls for tire defects are common. Often, the defective tire will pass through inspection. Installation and use of these products can lead to severe injury, a loss of life and extensive property damage. Commonly recalled tire manufacturers include BF Goodrich, Bridgestone, Firestone, Goodyear, Michelin, and Yokohama. Defects and dangers with these products that require a recall include the following:
- A sudden loss of air pressure
- Strength test requirements failure
- Separation of the tire belt
- A loss of control because of the tire belt separation
- Separation of the tire sidewall
Holding a Tire Manufacturer Liable for Defective Tire Accidents
The manufacturer is responsible for creating a safe product. When the company violates this duty, you may be able to hold the manufacturer liable. Tire companies may be liable in the following situations:
- Tread separation even with proper inflation and use
- Known defects but a failure to recall quickly
- Sold tires by the retailer with a known defect
- Any defect that causes severe injury or death
Arizona law also imposes limits on how long you have to file a defective tire claim. In general, a lawsuit must be filed within two years after the date of the injury.
Defective tire claims may also be subject to another Arizona law, called the “discovery rule.” The clock does not start until you discover or should have reasonably discovered your injury or property damage.
Compensation for Injuries Sustained from Defective Tire Accidents
To acquire compensation for injuries from defective tires in Arizona, you must prove that the product was unreasonably dangerous, caused the injury and that the fault lies with the other party. You may be entitled to recover damages for both economic and non-economic losses such as medical expenses, lost wages from missing work, and pain and suffering.
If you were partially at fault for the accident, the compensation award is reduced by your degree of fault. This means that if you would have been awarded $100,000, but you are 40 percent to blame for the accident, your award amount will be reduced to $60,000.
Have You Been Injured as a Result of Defective Tires?
Defective tires can lead to injury, property damage and even death. An investigation can help identify evidence that can point to a defect, such as inspection reports, documentation from the manufacturer, reports of similar problems and pictures of damages. A product liability lawyer in Phoenix can help preserve valuable evidence and notify the manufacturer of the need to retain certain information.
At Phillips Law Group, we have experience helping victims injured by defective tires and other defective products. We can explain your legal rights during a free consultation. We will fight to protect your legal rights and help you receive the compensation you deserve. We work on a contingency fee basis. There are no upfront fees or costs involved unless you obtain compensation.
Call us at 1-800-706-3000 to get started your claim.