Tire Blow-out Litigation - Gainesville Accident Attorney Helps Understand

Gainesville Accident Attorney, Jeffrey Meldon, explains when a tire blow-out can lead to litigation and the recovering of damages from the tire manufacturer.


If a tire explodes, causing injury, the damaged party may have a personal injury or accident case, based on the tire manufacturer's negligence (responsibility) for the defective product.


A tire defect action may occasionally even be based on "res ipsa loquitor," meaning the negligence "speaks for itself." Under this doctrine, if a new tire explodes, and a motorist is hurt, then a plaintiff may prove that:

  • The exploding tire that caused the injury was under the exclusive control of the tire manufacturer (just off the assembly line); and
  • In the ordinary course of events, the tire blow out would not have happened, absent the tire manufacturer's negligence.


In the past, "res ipsa loquitor," (also applicable to medical malpractice cases) has been available to plaintiffs injured when their tires "blew out:"

  • One plaintiff purchased the tire only one month prior and had traveled 9,500 miles; and
  • Another plaintiff bought the tire six months prior and had only driven on it for 4,000 miles. (Goodyear Tire & Rubber Co. v. Hughes Supply, Inc.,358 So.2d 1339 (Fla.,1978)).



Beware: comparative negligence may apply to tire "blow out" accidents. If a tire explodes because a plaintiff failed to adequately care for the tire (ie., under-inflated or bare tread), then that plaintiff may be assigned some of the fault for the accident, reducing recovery for damages.


Tire under-inflation causes an estimated 660 highway fatalities per year. From 2005 to 2009, approximately 3,400 deaths and 116,000 injuries were attributed to tire-related issues (NHTSA)


For more information:

Tire Inflation - Beat the Summertime Heat and Save Money

41A Fla. Jur 2d Products Liability § 159(May 2011)





We at the Law Office of Jeffrey Meldon and Associates strongly believe that public education is the first step in the prevention of an accident or in the recovery from one.  

We are experienced personal injury attorneys, trial lawyers, negotiators, litigators, paralegals, and staff that have been proudly working to get accident victims the justice they deserve for over 30 years in Gainesville, Ocala, Lake City, Inverness, and the rest of North Central Florida and North Florida. Accidents involving a car crash, truck wreck, and motorcycle, bicycle, or pedestrian accidents, dog bites, slip and falls and medical malpractice are all included in our practice.

Based on Jeffrey Meldon's, founder of The Law Office of Jeffrey Meldon & Associates, over 30 years of helping accident victims get justice and a fair shake from the insurance companies, he has written the consumer guide book, Seven Mistakes That Can Wreck Your Florida Accident Case.  You can request your free, no obligation copy right now, or contact our office for your complimentary copy sent to you today.

Contact the Law Office of Jeffrey Meldon at (800) 373-8000 or (352) 373-8000 immediately if you have been involved in a serious auto, truck, or motorcycle accident.  We are in your community, have the experience and resources required to work towards obtaining a fair settlement for you - we are here to help you.

We proudly handle accidents that occur on all roads and in the areas including: I-75, I-10, I-95, U.S. Route 301, U.S. Route 441, State Road 40, State Road 26, State Road 24, Archer Road, Main St, and University Avenue.  Our law firm has  been representing accident victims in Gainesville, Ocala, Lake City, Inverness, Palatka, Crystal River, Daytona Beach, Interlachen, Spring Hill, Dunnellon, Bunnell, Live Oak, Starke, Jasper, Cross City, Perry, Trenton,  Leesberg,  Lake Butler,  Tavares, Chiefland, Bronson, Brooksville, The Villages and the counties of Alachua, Marion, Columbia, Citrus, Volusia, Sumter, Levy, Lake, Bradford, Flagler, Hamilton, Dixie, Gilchrist, Union, Hernando, Suwannee, Union, and Putnam, and, since 1971!