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Can I Sue for a Tire Blowout?

Eisenberg, Cutt, Kendell & Olson

If the tire fails and causes an accident as a result of tread separation or another form of failure, there is usually a case to be brought against the manufacturer for defectively designing or manufacturing that tire.

There are also other areas of liability in a tire failure. The seller or retailer of the tire is often strictly liable for the tire being defective. It is not terribly well known that tires fail as a result of age, even though there is plenty of tread depth left on the tire. Most of the vehicle manufacturers recommend that the tire not be used if it is six years old, regardless of the level of wear on the tire.

The problem is most tire manufacturers don’t warn the consumer of that, and they make it very difficult to find out how old the tire is. Places sell tires that look brand new and have never been driven on. But those tires could be sitting on the shelf or in a warehouse for three, four or five years. Several years into the life of that tire is already far past the life of that tire. It should not be used, and it is not at all uncommon that tread separations occur simply because a tire is too old, but nobody has been warned about that.