Defective Tires

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Defective Tire Lawsuits

When a person is injured in a vehicle accident caused by another party’s negligence or defective product, the injured person can file a lawsuit seeking damages from those responsible.  Personal injury lawsuits, including those related to defective tires, frequently involve claims of both negligence and products liability.   

Negligence can be understood as the failure of a person to exercise the level of care which a reasonably prudent and careful person would exercise in similar circumstances.  Negligence can either be an affirmative act or an omission. 

To prove negligence, the plaintiff must show that (1) the defendant owed them a legal duty of care under the circumstances, (2) the defendant breached that duty through their action or inaction, (3) that the breach caused the accident or injury, (4) which resulted in the plaintiff suffering damages.  Every case is different and the unique facts and circumstances surrounding the accident will dictate the type of evidence that will be required to prove each element of the negligence cause of action.

In California, a plaintiff may be able to recover damages in a lawsuit even if they were partially at fault for their own injuries.  Under the doctrine of “comparative negligence,” liability can be measured in terms of a percentage.  If a court finds that a plaintiff is partially at fault in the accident, the damages available from the defendant(s) will be reduced proportionally. 

If a plaintiff’s injuries were caused by a defectively designed or manufactured product, such as a tire that suffered tread separation, the plaintiff can pursue one or more products liability causes of action against the sellers of the product.  There are three main theories under which the sellers of a defective product may be held liable to one who is injured: (1) negligence, (2) breach of warranty, and (3) strict liability.  Every accident case is different and the unique circumstances surrounding the accident will determine the best products liability theory to pursue and type of evidence that will be required to prove the plaintiff’s case.

If the plaintiff can prove that their injuries were caused by the defendant’s negligence or defective product, he or she will be entitled to recover damages.  The damages available to a plaintiff in a lawsuit related to defective tire will vary depending on the facts and circumstances of each case and the theory of liability pursued. 

In general, damages in a personal injury lawsuit will include past, present and future medical expenses, lost wages, and pain and suffering.  In some cases punitive damages may also be available.  If the victim dies as the result of their injuries, the family members of the deceased can file a wrongful death lawsuit seeking damages from the responsible parties. 

It is very important to note that all lawsuits related to defective products, accidents, and personal injuries are subject to various statutes of limitation.  Statutes of limitation are laws which limit the amount of time a person has to file a legal claim.  If the deadline is missed, the plaintiff’s case will be barred forever by the courts.  Do not let this happen to you - contact The Brady Law Group today and protect your rights.

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