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 loquitur,” (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:
41A Fla. Jur 2d Products Liability § 159(May 2011)
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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 40 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, medical malpractice, and criminal defense are all included in our practice.
Based on Jeffrey Meldon’s, founder of Meldon Law, over 40 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 Meldon Law 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.