Tort law or tort cases are those that offer remedy or damages to someone harmed by the careless or unreasonable actions of another. They are often based on the individual state laws, and essentially hold someone (whether an individual or a company) responsible for their conduct when it ends up harming someone else.
Personal injury is a form of tort law, and within that broader grouping you find product liability laws. These are a bit different from the rest, based on one specific thing – you do not have to prove negligence in order to be compensated. In other words, in all other forms of personal injury and tort laws, you will find yourself struggling to prove that the liable person or group was negligent. This causes a lot of people to give up right at the very beginning of their case simply because it can be so hard to demonstrate carelessness on the part of the other party.
Fortunately, with product liability, it can be as basic as proving that a defect in a product was unreasonably dangerous and caused damage or harm. This is why someone who suffers any sort of accident, harm, or loss because of defective tires must take action.
Recalls May Not Spare Harm or Injury
Almost everyone will eventually experience a flat tire or even a blow out while driving. The statistics show it to be a common mechanical issue, and yet the statistics show that it is an uncommonly dangerous issue. Consider that U.S. government data indicate that more than 400 people die annually in accidents associated with a tire malfunction, and that more than ten thousand injuries occur because of defective tires.
Some of the most common defects are in the design, manufacture and installation of a tire. Simple wear and tear should not cause a tire to fail, though experts know that all tires have an expected life span (time and mileage). For instance, an unused tire that is six years old or older is not to be put into service, and any tire over ten years old should be replaced.
Defects that lead to unexpected and unnatural tire failure include treat separation, inadequate curing, improper belt placing, missing nylon overlays, and even valve stem issues – among others.
Even though manufacturers issue more and more frequent “recalls” because of defects discovered in an entire range of tires, it does not alleviate them of liability should someone suffer accident or injury because of them. In fact, defective tire lawsuits are a very common occurrence, and something you must pursue if you feel that defective tires have caused you injury, harm, or losses.
You Will Be Compensated
To begin a defective tire lawsuit, you will want to find a defective tire accident lawyer or law firm with experience in this sort of product liability case. Though there is not such a strong burden of proof on the person or persons bringing the case, it is still a complex legal matter best left in the hands of a knowledgeable and skilled attorney. Keep in mind that an insurance company (which is the organization that handles any legal matters for a tire manufacturer, installer, etc.) is going to be used to combating claims.
The best chance you have at being compensated for the damages, injuries, and losses you sustained because of a defective tire is to work with a skilled product liability and personal injury lawyer. They may be able to settle a claim without a case even going to court, and they can save you a lot of time and headaches.
YourLegalGuide.com. Defective Tires. 2015. http://www.yourlegalguide.com/defective-tires/