TIRE FAILURE


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The National Highway Traffic Safety Administration (NHTSA) estimates more than 8,000 auto and truck accidents every year are linked to tire blowouts and defective tires. A tire defect and tire blowout can result when a car or truck tire loses air and explodes.

It is common for tire failure and tire failure to lead to the loss of control in a vehicle. Such accidents can be extremely dangerous and cause single or multi-car accidents.

Truck drivers and other motorists are at risk when defective tires are produced and sold as safe products. Victims of defective tire accidents may contact a tire failure lawyer and seek compensation from manufacturers responsible for an accident.

Joe Lyon is an experienced Cincinnati, Ohio product liability attorney and tire failure lawyer reviewing Auto Defects and related auto accidents for plaintiffs nationwide.

The Lyon Firm works with accident investigation experts to determine the root cause of an auto accident.


Tire Defects & Product Liability


Each year, millions of car and truck tires are recalled in the United States, due to defective design or manufacturing errors, which can lead to tread separation.

Auto tires are manufactured by layering rubber materials on a wire and cording framework. When the design is defective, or the adhesive is ineffective, the treads separate and tires fail rapidly.

Tires are generally not made by the manufacturer of the car or truck, and they are often replaced over the course of a car’s life. Therefore, fault may lie on the both the manufacturer of the tire and at times the auto shop that installed the tires. It is important to consider all parties that played a role in placing the tire on the car or truck and any party that inspected the tire prior to the accident.

Several tire recalls can lead to product liability and injury lawsuits when defects result in tire blowouts, Defective Tire Treads, sidewall failure, and tire failure accidents. Faulty tire design and negligent manufacturing has affected many of the major tire suppliers in the U.S., including:

Causes of Tire Blowouts & Tire Failure


For the most part, automobile tires are very durable and reliable. But when tire producers take shortcuts and fail to test their products in road tests, safety issues and basic driving can become very hazardous for consumers. The Lyon Firm investigates tire defect lawsuits based on the following:

Truck Tire Blowouts


When large commercial trucks experience a tire blowout, the driver may lose control of his rig, or the tire debris can cause other motorists to swerve and cause serious auto accidents.

Following a truck tire blow out and accident where you suspect there was a defective product involved, or simply have questions about what may have happened, you should contact and experienced product liability lawyer to investigate the matter.

Joe Lyon is an experienced Cincinnati auto defect attorney who is well-versed in the science and economic impact that such an injury has on a life.  

The Lyon Firm has developed compelling evidence in catastrophic injury and product liability cases involving automotive defects. The Firm has successfully worked alongside accident reconstructions, forensic design engineers, and biomechanical engineers to present the highest quality evidence and arguments on the Plaintiff’s behalf.

This work has resulted in significant seven figure settlements that enhanced and secured a dignified quality of life for the Plaintiff’s future. 


Truck Tire Accidents


Commercial trucks and semis experience tire failure on a regular basis. The causes may vary in big rig tire complications but the result is generally the same: dangerous accidents occur and endanger motorists and passengers.

Truck tire blowouts are extremely dangerous because of debris flying all over the roadways. The loss of vehicle control which is likely for both truckers and surrounding drivers.

Tire manufacturers have a duty to produce and distribute a safe product, and trucking companies have a duty to ensure that they properly maintain their rigs and equipment to prevent accidents and fatalities.

Should tire manufacturers and trucking companies fail to protect those on America’s roadways and an accident occurs, they may be held liable for negligent manufacturing or negligent truck operating. Your truck accident lawyer can file suit against multiple parties.


Truck Tire Blowouts


The Federal Motor Carrier Safety Administration (FMCSA) released a study on Large Truck Crash Causation to determine semi-truck accident causes. The FMCSA reviewed about 142,000 large truck accidents and roughly 8,000 of the accidents, or over 5 percent of the total crashes, were caused by truck tire blowouts.

Around 80 percent of all truck tire blowouts are caused by tread deterioration and tread separation of an under-inflated tire. When the tread on a truck tire separates, the pressure and weight of a moving truck can easily cause a blowout and loss of vehicle control.

Due to frequent negligent tire production and tire defects in the United States, road accidents and severe injuries are common occurrences. Tires may be defective because of design flaws or manufacturing errors—both of which can lead to dangerous tread separation accidents. Ohio product liability lawyers, on the behalf of accident victims, are quick to target manufacturers for preventable tire defects in tread separation lawsuits.


Cause of Truck Tire Blowouts


It is crucial to prevent defective tire accidents by putting the onus on tire producers and on trucking companies to inspect their equipment. Truck tire blowouts can result from driver negligence or trucking company mismanagement. Common causes of tire blowouts include:

  • Truck Driver Error: drivers hitting a curb or object can damage a tire, or they can fail to properly inflate tires.
  • Improperly Installed Tires: qualified mechanics and tire professionals make errors and increase the likelihood of tire blowouts.
  • Infrequent Vehicle Inspections: commercial truck tires should be inspected on a daily basis. Mechanics and drivers may be held liable if they fail to detect and repair damaged tires during inspections.
  • Overloaded Trucks: Companies overload trucks to save money, but endanger everyone on the road. Overloading can cause truck tire blowouts.
  • Defective Tires: negligent tire manufacturers can be held liable in product liability lawsuits.

Truck Tire Defects


Tire defects may result from design flaws or manufacturing flaws. Defective tires may have belt defects, tread separation defects, sidewall failure, improper inflation instructions, or unsuitable tires on commercial vehicles. Tire failure from tire defects cause of over 11,000 road accidents in the United States every year.

When a truck accident occurs and injuries are sustained, a trucking company may be named as a defendant in an auto negligence lawsuit, alongside the tire producer. Truck drivers and transportation companies have a duty to maintain their vehicles to protect the safety of everyone on the road.


What is Tread Separation?


Automotive tires have tread, which refers to the rubber part that touches the roadway and consists of grooves and notches. The depth or width of the tread notches affects the traction the tire has with the road. Over time, the tread begins to diminish, effectively decreasing the amount of air between the entire tire and the road.

There are different kind of tire tread separation. One is known as “belt separation,” which occurs when the two belts in a tire separate over time. The second instance occurs when separation extends beyond the belts, causing the tread to delaminate from the belt.

Both instances typically result in the tire falling apart, which can lead to serious automobile and truck accidents. If a tire’s inner steel belt separates from the rubber, it can cause a sudden loss of pressure, tire blowouts, rollovers and catastrophic injury. Common causes for tread separation include:

  • Over-inflation
  • Improper tire repair
  • Poorly maintained roadways
  • Reckless driving
  • Excessive tire wear
  • Manufacturing defects
  • Design defects

As a tire begins to fail, drivers will sometimes notice a loss of control as in a pulling sensation. Product liability lawsuits arise when tire defects cause a tread separation leading to a complete loss of control of the vehicle and a vehicle accident and catastrophic injuries.

  • Defective tires can result in the driver losing control of his or her vehicle when he does not expect it.
  • Incorrect placement of the belts and overlying tread for the tires, causing tread loss to occur more quickly.
  • Failure of the metal tire frame to stick to the rubber is the leading cause of belt separation, thus leading to lower tread.

Kelly Tire Recall


In March, 2018, Sumitomo Rubber USA, LLC recalled certain Kelly Armorsteel KDA tires, size 11R22.5 Load Range G, manufactured in December, 2016. The recall was warranted because the tire sidewalls are missing information—they are not marked with the tire size, maximum load rate, speed restriction, number of plies, the descriptor “tubeless,” and the load range information. As a result, the tires fail to comply with Federal Motor Vehicle Safety Standard requirements.

The missing information is a serious safety concern, particularly the missing maximum load rate. The tires may be overloaded, increasing the risk of a tire-related accident. Tire blowouts are frequently the result of over or underinflating tires on cars and large commercial vehicles.


Cooper Tire Recall


According to the National Highway Traffic Safety Administration, Cooper Tire & Rubber Co. has recently recalled over 41,000 tires for possible belt separation. The tires were manufactured with an improper belt rubber compound that may result in poor adhesion, and a risk to motorists.

TheTire malfunction affect tires manufactured at the Cooper supplier plant in Mexico according to the NHTSA’s defect report. Some of the tires could have a visibly defective tread, and others may have a detectably rough ride when put into service. The affected tires are:

  • Cooper Cobra Radial G/T tires
  • Cornell 1000 tires
  • El Dorado Golden Fury GFT tires
  • Futura GLS Super Sport tries
  • Mastercraft Avenger G/T tires
  • Mastercraft MC-440 tires
  • Starfire RS-C 2.0 tires
  • Starfire SF-340 tires
  • Cooper Trendsetter SE tires
  • Mastercraft A/S IV tires
  • Vanderbilt Turbo-Tech G/T Radial tires

Tire Sidewall Cracking


Cracks in the side walls of tires is a well recognized hazard and known to lead to air loss and tire failure, which can cause rollovers or otherwise cause loss of control leading to collisions with other cars or obstacles. Cracking side walls are a danger to motorists and roadside individuals, and consumers should take caution.


Contact a Tire Failure Lawyer


Quality control measures are assumed to be effective, but tire companies have been known to place profit over safety and overlook certain manufacturing hazards.

Tire failure is not always preventable, but tire companies have a duty to protect American motorists to the best of their ability. Companies are responsible for safe tire design, safe manufacturing practices, and strict inspection standards to reduce the possibility of tire failure.

Tires can be defective for a number of reasons, though it is the duty and responsibility of every tire manufacturer to inspect a product before it can endanger motorists and passengers on America’s roadways.

By taking legal action, victims can seek compensation and hold responsible parties accountable for their negligent actions.


Defective Tire Recalls & Settlements


  1. Continental Tire recently settled a tread separation case involving a Continental Contritrac TR tire in which the right rear tire suffered a tread separation and caused the vehicle to lose control and roll over. Two occupants were injured and two were killed in the accident.
  2. Honda and Pirelli settled a tire valve failure case involving a 2007 Honda Goldwing GL 1800 motorcycle and Metzeler ME 880 Marathon motorcycle tire. In the accident, the rear wheel of the victim’s motorcycle seized up, causing the motorcycle to wobble and the plaintiff to lose control. The motorcycle crashed and the plaintiff suffered severe and permanent physical injuries, including facial fractures, lung contusion, brain hemorrhage, frontal lobe contusion and a traumatic brain injury.
  3. A jury rewarded a plaintiff in a tire tread separation case involving a Hankook Aurora TH08 radial tire because the tire failed on a cement truck and crashed. The tire’s structural integrity failed and the tread and outer steel belts of the tire separated, causing the truck to roll and led to the driver’s permanent physical, mental, and emotional injury.
  4. Michelin and Ford settled a tire tread separation lawsuit after a 2009 Ford Econoline fitted with Michelin LTX M&S LT245/75R16 tires crashed. The tire tread separated from the right rear tire of the vehicle, and led to a fatal accident.
  5. Goodyear settled a tire tread separation case involving a Goodyear G670 RV tire, which failed and rapidly deflated, causing the motor home to collide with a concrete barrier, and injured all occupants. The driver died of the resulting injury.

Tire Defect Accidents 


Contact a Tire Failure Lawyer to assess your case and the potential for a product liability and personal injury claim against liable parties. You may be entitled to a settlement to recover damages following a defective tire accident.

Defective product litigation and tire defect lawsuits can be expensive and complex. The attorney will need to prove the case through expert testimony. Product liability cases can be some of the most expensive types of litigation, but the cases should be evaluated carefully to determine if a recalled tire or a tire defect caused the catastrophic injury.


DO NOT

  • Allow the tires or pieces of the tire be destroyed.  This evidence must be preserved.
  • Allow the car, and any other vehicle if possible, to be destroyed. This evidence must be preserved.
  • Remove any social media postings.
  • Make any statements to insurance companies or automotive company private investigators without first speaking with a qualified attorney.

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A Voice for Those who have suffered

Why are these cases important?

Many product liability cases have had a positive impact on public health and safety, and we have witnessed improved lives and future injuries prevented as companies are forced to remove products and change designs and warnings as a result of litigation.

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Questions about Product Liability & Case Types

What is a Product Liability Lawsuit?

Product liability lawsuits often contain causes of action for strict liability, negligence, and breach of warranty. Strict liability applies to different factors than negligence-based claims.

In negligence cases, the actions of the defendant are the focus. In strict liability claims, the focus is on the condition of a product at the time it left the manufacturer. If a product is determined to be defective, the company is liable for any foreseeable injuries that are in-part caused by the defective condition of the product.

What are some examples of Product Liability?
How is a Product Defined as Defective?
Ohio Definition of Defective

A product is defective if it is unreasonably dangerous for its intended use. A legal cause of action can be based on several types of product defects. The following are Cincinnati product liability and strict liability claims available in Ohio and in most jurisdictions nationwide:

(1)  Manufacturing/ Construction Defect:

These issues arise where the product is released from the factory in a manner that deviates from the intended design or specifications. The defect can be a result of using the wrong materials, including the wrong or completely foreign materials (e.g., Tylenol contamination, food poisoning, damaged car part from factory installation).

As a result of the deviation, the product enters the market in an unreasonably dangerous condition and the consumer is exposed to or purchases a product that is defective. Any personal injuries or economic loss that arise from the the defect are compensable under Ohio product liability law.

(2) Defective design and/or formulation:

Defective design product liability cases arise not because a mistake was made during the manufacturing process, but rather the original design of the product is unreasonably dangerous. A “risk benefit analysis” is used to determine whether safer/less expensive alternative designs were available to the manufacturer.

Federal regulations set minimum standards for the design of many consumer products, and preemption defenses may preclude liability in some situations if the manufacturer follows and obtains federal approval for a product. Automotive recalls and product liability cases are usually a result of a defective design. Common cases include the Toyota Brake Recall, Chrysler Gen III seat belt buckle, lap belt only cases, Metal on Metal hip implants, transvaginal mesh.)

(3) Failure to warn or inadequate warning or instruction associated with the product:

All consumer products come with necessary and appropriate warnings and instructions for use. If the lack of a warning makes the product and use of the product unsafe, the manufacturer is liable for the failure to place the warning. The most common area of litigation for failure to warn is in pharmaceutical litigation.

Pharmaceutical manufacturers are required to warn of the known or foreseeable side effects and update the warnings in a timely manner. Litigation arises where there is evidence the manufacturer failed to timely update a warning in light of new data or simply ignored the risk and failed to conduct sufficient research to identify and then disclose the risk.

(4) Misrepresentation:

The product fails to conform to a representation or warranty. Warranty claims are more common in commercial and economic loss cases than in personal injury cases. In many States, The Product Liability Act does not apply to cases with only economic loss, because the Commercial Code provides recourse for breach of warranty.

The warranty may be written or implied based upon the products intended purpose and merchantability. An example of a breach of warranty cases are cases involving automotive defects.

How do you prove design defects?

Risks:  The following factors are considered under Ohio law when determining the risks associated with the design of a product:  (1) the magnitude of the risk of injury; (2) ordinary consumer awareness of the risk for injury; (3) the likelihood of causing injury; (4) the violation of a private or public standard; and (5) the consumer’s expectation of the performance of the product and level of danger. Ohio Revised Code 2307.5 (B) Product Defective in Design or Formulation.

BenefitsThe following factors are considered under Ohio law when determining the benefits associated with product design: (1) the utility of the product; (2) availability of an alternative design; (3) the magnitude of risks associated with an alternative design. Ohio Revised Code 2307.5 (c)

Defenses for Defective Design(1) a pharmaceutical drug or medical device is not defective by design if it contains an adequate warning of an unavoidably unsafe aspect of the pharmaceutical or medical device; (2) the dangerous aspect is inherent to the product, recognizable, and cannot be eliminated without compromising the product’s usefulness; (3) a lack of a feasible alternative design. 2307.75 (d)(e)(f).

EXAMPLES:

What is a manufacturing defect?
  • A manufacturing defect is based on a defect that occurred during the manufacturing process. Many auto companies have been involved in this kind of product liability lawsuits in recent years, due to defective airbags, software defects, tire failure, and other dangerous manufacturing errors.

    Most manufacturing defect cases are based on a products deviation from the intended specification, formula, performance standards, or design model. In such cases, it may be easy to determine the product did not comply with the intended design.

    The product may be recalled as a specific lot is identified as being non-compliant and defective. A product may be defective in manufacture or construction, materials and assembly, and a manufacturer or distributor may be subject to strict liability, even though it exercised all possible care.  Ohio Revised Code 2307.74.


    Manufacturing Defect Examples:

What is a failure to warn lawsuit?

In determining whether a product is defective due to inadequate warning or instruction, evidence must be presented to prove:

  • The manufacturer knew, or in the exercise of reasonable care, should have known about a risk
  • A reasonable manufacturer would have provided a warning of the risk
  • The manufacturer failed to provide the warning
  • The person was injured due to a lack of warning. The same elements apply whether the claim is based on a warning present during the marketing or post-sale warnings.

Defenses to Failure to Warn Claims(1) the risk was open and obvious or a matter of common knowledge; and (2) in cases of a pharmaceutical drug or medical device, the warning was provided to the prescribing physician (“Learned Intermediary Doctrine”).

Many pharmaceutical companies have been targeted in failure to warn lawsuits for either failing to place warnings on medication guides and packaging or failing to properly test their product before putting it to market.


 

What are consumer product safety regulations?

Design and manufacturing defects result in thousands of product recalls each year in the United States, initiated by federal safety agencies. Following injury and illness, regardless of recall status, victims and plaintiffs may pursue legal action and contact a product liability lawyer to begin the litigation process. Rightful compensation can be sought and help plaintiffs recover medical costs and other related damages.

Product liability law overlaps with regulatory law, which are the systems of legislative rules and administrative agencies, and part of federal and state governments. These agencies regulate the safety of the products sold to the public. Examples include:

  • The Food and Drug Administration (FDA)
  • The National Highway Traffic Safety Administration (NHTSA;)
  • The Consumer Product Safety Commission (CPSC)

The listed government agencies, however, may initiate recalls of dangerous products but do not provide remedies or compensation for damages where an individual is injured due to the defective product.

Why should I hire The Lyon Firm?

Our Firm will help you find the answers.  The Firm has the experience, resources and dedication to take on difficult and emotional cases and help our clients obtain the justice for the wrong they have suffered. 

 Experience:  Joe Lyon is an experienced Cincinnati Product Liability Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters.   Product Liability lawsuits can be complex and require industry experts to determine the root cause of an accident or injury.  Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.

Resources/Dedication: Mr. Lyon has worked with experts in the fields of accident reconstruction, biomechanics, epidemiology, metallurgy, pharmacology, toxicology, human factors, workplace safety, life care planning, economics, and virtually every medical discipline in successfully representing Plaintiffs across numerous areas of law. The Lyon Firm is dedicated to building the strongest cases possible for clients and their critical interests.

Results:  Mr. Lyon has obtained numerous seven and six figure results in personal injury,  automotive product liability, medical negligence, construction accidents, and auto dealership negligence casesThe cases have involved successfully litigating against some of  the largest companies in the world 

Your Right to Safety

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Defective products on the market present safety and health hazards for adults and children. Cheap and defective products may pose fire and burn risks; electrocution, strangulation and choking risks; and severe health risks. The manufacturers of consumer products have a duty to foresee potential injury and properly design and test products before they are released.

Companies must also properly warn consumers of any risks associated with their products. Any failure to protect consumers that results in accidents and injury can lead to lawsuits filed by plaintiffs and their Cincinnati product liability lawyer

Our Victories

The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against companies due to a defective product or recalled product to obtain just compensation under the law.

DEFECTIVE LAP BELT RESTRAINT

SPINAL CORD INJURY

(Pikeville, Kentucky): Confidential settlement for Plaintiff who suffered spinal cord injury resulting in paraplegia due to defectively designed seat belt. Four passengers with three-point (lap/shoulder) belts walked away from the accident, and the only passenger wearing a two-point belt (lap only) suffered a debilitating spinal cord injury. The settlement assisted with home improvements to assist in daily living. GM entered federal bankruptcy during the process and no longer manufactures two-point lap belts for vehicles.

DEFECTIVE PROPANE WALL HEATER

WRONGFUL DEATH 

(Hillsboro, Ohio): Confidential Settlement for the family of elderly man who was catastrophically burned while operating a propane wall heater. The burns resulted in his unfortunate death. The heater, manufactured and sourced from China, was alleged to allow the flame to reach outside the grid area in violation of ANSI standards. The Defendant resolved the case following discovery and mediation. The recovered funds were paid to the victim’s surviving spouse and children. The company no longer manufactures this type of heater.

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