Defective tires can lead to serious car accident injuries.
For example, a defective tire could explode at an inopportune moment or could be imbalanced (due to an air leak), making you lose control and crash.
If you’ve been injured in an auto accident due to a defective tire, then Alabama law may give you a right of action against the manufacturer (and potentially against other parties, too). However, it can be difficult to understand how defective tire liability works, so let’s take a brief look at some of the basics.
In Alabama, if you are injured due to a defective product (such as a defective tire), then you may sue the manufacturer and recover damages. The advantage of product defect liability is that you need not prove negligence — in other words, to recover damages successfully, all you have to show is that the tire was defectively manufactured or designed and that you were injured as a result of that defect.
This isn’t always straightforward, however.
Proving that the tire was defectively manufactured or defectively designed can be quite tricky. Whether a product is defective is ultimately a question of whether it is reasonably safe for its intended purpose. This may require extensive expert testimony, comparison to alternative products on the market, and more. For example, a tire may be predisposed to “leaking” air, but your Tuscaloosa auto accident attorney will have to introduce data compared to other tires on the market to show that this specific tire is worse substantially enough that it is not reasonably safe.
In a defective tire case, the manufacturer is not the only party that may be held responsible for your injuries. Tires are typically installed and regularly inspected by mechanics in auto repair shops. These shops may be held accountable (under a theory of negligence) if they did not live up to their duty of care.
For example, if you brought your car in for an inspection, and the mechanic did not perform a thorough inspection (i.e., evaluating tire pressure), they may have “missed” the fact that the tire had chronically low pressure due to a manufacturing defect. Therefore, the auto repair shop could be held liable for failing to identify the issue and therefore warn you (or replace the defective tire).
Here at Cross & Smith, our team has decades of experience working on behalf of a range of plaintiffs, including those who have been injured in auto accidents due to product defects. We have pursued cases from start-to-finish — from initial settlement discussions through to trial litigation.
Our willingness and ability to push through to trial gives us the leverage we need to force favorable settlements in many cases. This is particularly valuable in product defect cases brought against manufacturers (who are often aggressive in litigation and have the resources necessary to defend the case). Over the years, this approach has earned us a great deal of success.
If you’d like to speak to an experienced Tuscaloosa auto accident attorney at Cross & Smith, call us at 877-791-0618 or send us a message online to schedule a free and confidential consultation today.
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Posted By: Mark Sterling Gober