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Tires are one of the most important safety systems on your vehicle. Defective and recalled tires are common, yet very few people who have purchased recalled tires are aware of the recall. This is because there is no universal tracking system for who purchases tires and what vehicles they go on. As a result, it is very difficult to know if you are the victim of a tire failure or not. As tire defect attorneys, we see cases all over the country where recalled and unrecalled tires are defective and dangerous.
Common problems with tires are tread separation, steel belt separation, tires lacking separation prevention features, old tires, improper repairs of punctures, tires used on vehicles they are not designed for, improper manufacturing techniques, and other manufacturing defects. In addition to the manufacturer, many times the installer or seller of defective tires knew or should have known of the dangerous defect. Tire shops and sellers can be held legally liable for their own negligent conduct for both new and repaired tires.
If you learn that you are driving with recalled tires, it’s very important for your safety that you replace those tires as soon as possible. If you or a loved one have been the victim of defective and dangerous tires that have blown out or failed, contact the tire failure attorneys at The Potts Law Firm to review your personal injury or wrongful death case.
- Traumatic brain injuries
- Broken bones and fractures
- Internal injuries and bleeding
- Facial fractures and scarring
- Death to a loved one or family member
Taking on large defendants in products liability cases is what we do at the Potts Law Firm. Any court case, whether filed in federal or state court, must get behind other cases that are already filed. Many auto defect cases take one or two years to resolve, but each lawsuit will have its own timeline. These product liability lawsuits are generally complicated and expensive cases to try. We often will attempt to resolve your case out of court prior to filing to avoid a lawsuit. But, if a settlement cannot be reached, we will proceed to a trial. We are trial attorneys.
You can learn more about tire safety at: https://www.nhtsa.gov/equipment/tires.
You can check your tires for recall at: https://www-odi.nhtsa.dot.gov/owners/SearchSafetyIssues?prodType=T
Recalls are either done voluntarily by the auto manufacturer or are specifically ordered by the Federal government. The Federal government regulates automobiles through several statutes, but primarily through the National Traffic and Motor Safety Vehicle Act. ( http://uscode.house.gov/statutes/pl/89/563.pdf ) Recalls usually identify the root cause of the problem that is a danger to the vehicle occupants or others. Recalls also identify a solution to fix whatever is wrong with the automobile or truck. Recalls can be safety related or not. The government agency that enforces this law is the National Highway Transportation Safety Administration (“NHTSA”). Anyone can check whether their vehicle has an active recall by visiting www.safercar.gov. Even if your vehicle doesn’t have a recall, it may still be dangerous and defective. Call us to find out.
The specific requirements to prove a products liability case vary from state to state. Generally, a plaintiff must prove one of the following:
- The vehicle or its specific part is unreasonably dangerous or does not meet reasonable consumer expectations
- Such danger or defect caused, or contributed to the plaintiff’s injuries
- The plaintiff was injured or killed in-part by the defect.
Most cases require expert testimony by engineers, doctors, and others to prove the case in court. At the Potts Law Firm, we work with these experts around the country on a daily basis.