Product Liability
A tire failure at freeway speed gives a driver no warning and no time
Tread separation is rarely the driver’s fault. The conditions that cause it are usually built into the tire years before it comes apart.
About defective tires claims
A tire is a laminated product. Rubber, steel belts and fabric are bonded under heat and pressure, and when that bond fails the tread can peel away from the casing in a fraction of a second. California treats a tire like any other product, so a manufacturer can be strictly liable for a manufacturing defect, for a design defect under the two prongs of Barker v. Lull, or for a failure to warn about a risk it knew about.
The recurring failure modes are well documented in the industry. Contamination or moisture during construction weakens belt adhesion. Insufficient belt edge protection lets cracks propagate. Tires that sat in a hot warehouse for years age from the inside while looking new on the shelf, which is why a date code can matter more than tread depth. Repairs done with a plug instead of a proper patch, and improper mounting or pressure errors at installation, add a second set of potentially responsible parties.
Because a separation almost always ends in a loss of control, these cases arrive looking like ordinary single-vehicle crashes. The difference is physical: the carcass, the tread belt and the wheel tell an engineer what happened. That evidence disappears quickly once a vehicle is towed, so preservation is the first priority.
Common injuries
Injuries we see most often in these cases. Every claim is different, and this list is not exhaustive.
- Traumatic brain injury from rollover and roof intrusion
- Spinal cord injury and paralysis following loss of control
- Fractures and internal injuries in high-speed departure from the roadway
- Crush injuries from occupant compartment deformation
- Burns where a rollover ruptures the fuel system
- Wrongful death in ejection and multi-vehicle collisions
Who can be held liable
Responsibility often extends well beyond the most obvious company. We look at every party in the chain.
- The tire manufacturer that designed, cured and marketed the tire
- The vehicle manufacturer where the tire was original equipment
- The retailer or tire shop that sold aged or unsuitable stock
- The installer that mounted, repaired or inflated the tire improperly
- A distributor or importer in the chain of commerce
Evidence that matters
What we work to preserve and obtain early, because this proof tends to disappear with time.
- Preservation of the failed tire, the tread belt and the wheel assembly
- The DOT date code and full identification number molded into the sidewall
- Purchase, mounting, rotation and repair records from the selling shop
- The manufacturer’s adjustment data, plant records and recall history
- Tire failure analysis by an engineer with belt separation experience
Do not wait on the deadline
California generally allows two years to bring a personal injury or product liability claim under Code of Civil Procedure § 335.1, and two years from the date of death in a wrongful death case. Shorter deadlines apply when a government entity is involved, and deadlines can be extended for injured children. Exceptions are fact-specific. Talk to us before you assume anything about your own timeline.
Answers
Defective Tires: common questions
Injured by defective tires? Let us review it at no cost.
A conversation costs you nothing and there is no obligation. No fee unless we recover compensation for you. In some matters a client may still be responsible for case costs and expenses, and we will explain exactly how that works before you decide to hire us.