A tire defect is an imperfection in a tire that can cause it to malfunction. The U.S. government's National Highway Transportation and Safety Administration has safety guidelines in place to govern the construction of vehicle tires. The agency helps to protect consumers by issuing recall notices and investigating complaints lodged by consumers. Some tire defects, however, remain unnoticed until the defect causes an accident. When a person sustains injuries from a defective tire, a products liability lawsuit may be brought against the manufacturer or the commercial seller of the tire.
The Composition of a Tire
Repose
Tires are composed of various elements, including the body of the tire, the bead, the sidewall, the tire tread, and the belt. All of these components work in conjunction to form a tire. The body of the tire consists of layers of fabric that are covered by rubber. The body is also referred to as "piles." The strength of the tire comes from the bead, which is a steel cable enclosed by rubber. The sidewall helps to keep the tire together. It keeps a tire inflated with air and provides lateral support. The deep grooves in a tire's rubber are the tire treads. Tire treads provide traction so that a vehicle does not slide when in motion. In steel-belted radial tires, belts made from steel help strengthen the tire and make it more resistant to puncture.
Products Liability Law for Tire Defects
Properly manufactured and designed tires provide a vehicle with adequate traction and safety. Sometimes, though, tires are defective. This may occur because of a design or manufacturing defect. Not every tire defect will result in an accident that causes injury to the occupants of the vehicle. However, when an injury is sustained because of a defective tire, the injured person may bring a products liability claim against the manufacturer or the commercial seller of the tire. Products liability law allows a user, buyer, or bystander to recover damages for injuries caused by a defective product. The basis of a products liability claim relies on the theories of negligence, strict liability, and breach of warranty.
Common Tire Defects
One of the most common types of tire defects is tread separation. Because steel-belted radial tires are made with steel and rubber, adequate adhesion of these elements is necessary to create a strong, functional tire. When improper adhesion results, tread separation may occur. Tread separation refers to a complete separation of the tread and the belt from the rest of the tire. Tread separation will often lead to a tire blowout. This is dangerous because a driver may lose control of the vehicle, especially when traveling at a high speed.
Types of Tire Defects
There are three types of product liability defects:
o Manufacturing defects: A tire defect that is the result of the manufacturing process occurs when there is a mistake during the construction of the tire. Consequently, the defective tire is different from the other tires manufactured in the same product line.
o Design defects: A design defect occurs when a manufacturer creates an inadequately designed tire that is unable to function as a well-designed tire normally would.
o Inadequate warnings: A tire manufacturer must provide adequate warnings about the tire. Failure to provide safety information may constitute a defective product.
Strict Products Liability for Tire Defects
Many products liability claims are brought under the theory of strict liability. In a strict liability case, it is necessary to show that the defendant breached an absolute duty to make the tire safe. Consequently, the plaintiff must establish that the manufacturer of the tire failed to make a tire that was free of "unreasonably dangerous" elements.
It is necessary to establish the following four variables:
1) The defendant owed a strict duty to make the tire safe.
2) The tire's defect was the result of the manufacturing process or the result of a faulty design. The product was so defective that it was "unreasonably dangerous."
3) The tire's defect caused injury to a user, bystander, or buyer.
4) The defective tire was not substantially altered from its original condition.
Statute of Limitations
All legal claims must be brought within a certain time. The laws that proscribe time limits are known as statutes of limitations. Every state has its own time limits on product liability claims. Most states have a statute of limitations period that ranges from one to six years. In some states, the statute of limitations begins when the injury from the tire defect occurred. However, in other states it begins when the injury is discovered or should have been discovered by the plaintiff.
Statute of Repose
In addition to the statute of limitations, another type of time limit may apply in some states. The statute of repose places a time limit on how long after the sale of a product that a plaintiff has to file a lawsuit. For instance, if a state has a 10-year statute of repose, an action is prohibited when more than 10 years have elapsed since the purchase of the tire. Consequently, a plaintiff may not sue for products liability.
Damages
A plaintiff may recover compensation for property damage and personal injury. Personal injury damages include recovery for medical costs, lost earnings, and pain and suffering. Compensation includes past, present, and future damages for medical care and for lost wages and the loss of earning capacity.
Tire Defect Accidents & Liability
For information on tire defect lawyers & attorneys, visit the Philadelphia law firm website FeldmanShepherd.com.
See Also : Massage What is Pregnancy What to do to lose weight