Did you know that in Florida, tire makers can sell tires as “new” even though they have sat on the shelves for years? While on the shelves, the tires weaken and their performance may suffer. The result for the purchaser can be a tire detread or other type of blow out that can lead to a serious, uncontrollable accident and potentially catastrophic injuries. As proof, the U.S. National Highway Traffic Safety Administration (NHTSA) estimates that approximately 400 car accident deaths happen every year due to tire failure.
Since 1966, there have been 390 million vehicles recalled in the United States for defective parts and machinery. In 2009 alone there were over 15 million vehicles recalled for various defects and hazards. Unfortunately, it usually takes a string of tragedies before automakers are aware of any automobile defect.
In Florida, consumers can pursue a product liability claim under negligence, strict liability theory or breach of warranty. Under negligence, the maker, seller or distributor is liable for reckless acts that cause injuries. In strict liability theory, they are liable for putting a defective and unreasonably dangerous product on the market. A breach of warranty occurs when the manufacturer breaks a promise, either implied or expressed, that the product is not safe or fit for its intended use.
Have you purchased a set of new tires recently? Be sure to check their age.
Colson Hicks Eidson – Florida class action lawyers