You’re driving carefully, following all the rules of the road. Suddenly, one of your tires blows out, causing you to lose control of your vehicle. You hit another car, which causes injuries to you and the other driver. Who’s at fault?
Many personal injury cases are based on a theory of negligence: someone failed to meet their basic duty of care, and as a result, someone else suffered actual harm. In car accident cases, one of the drivers is usually to blame—but not always.
When a defective tire causes an accident, drivers may be able to hold the manufacturer liable for any injuries that result, whether their own or another driver. Here’s an overview of defective tires and products liability.
What is products liability?
Products liability is a type of negligence case. Like drivers, manufacturers have a duty of care to consumers. Their products must be safe for ordinary and intended use.
Unlike ordinary negligence cases, products liability cases are strict liability. That means that if the plaintiff can prove the product was defective, used as intended and caused damages, the manufacturer will be liable for the harm that occurred. There is no need to prove intent or wrongdoing.
To prove a products liability claim, a plaintiff must prove:
- The product was defective in some way (the product was manufactured defectively, it was unreasonably dangerous for ordinary use or the manufacturer failed to provide adequate warnings);
- The plaintiff used the product as intended; and
- The product’s defect caused the plaintiff’s injuries.
Depending on the facts of your case, this can be difficult to prove. It’s important to call a seasoned personal injury firm, like the Law Offices of Tim Misny, to discuss your options. The sooner you have legal assistance, the better.
Defective tires and products liability
Defective tires can cause accidents. Common causes include:
- Low tire pressure
- Tread separation
- Uneven wear
- Premature wear
If you discovered any of these issues after your accident, be sure to document the issue after the accident and in the police report, if possible. Take photos and write down your immediate recollection of the accident. These details can help your attorney and expert witnesses piece together the cause, whether that was defective tires or another issue.
Get help from an Ohio personal injury lawyer
The Law Offices of Tim Misny can help you with your defective tire accident case. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.