Close up tire tread

Case of Note

Estate of Scott Bowden v. Michelin North America, Rahal Chevrolet-Buick, Inc. et.al.

With every passing year consumers are becoming more aware of the hazards associated with tire failures. On July 5, 2001, Scott Bowden was killed when his vehicle rolled over after the left-rear tire on his1999 Chevrolet Tahoe failed.

Mr. Didier pursued claims not only against the tire manufacturer for alleged defects in the tire, but pursued the dealership who last inspected it before the failure for their alleged negligence. The case settled with both parties for confidential amounts.

Tire Failures

Ever since the massive recall of Bridgestone Firestone tires a few years ago, public awareness has been on the rise with respect to the dangers posed by defective tires. Tire failure claims most often arise out of accidents that result from tread separations when the vehicle’s tread actually separates or peels off of the underlying carcass or body of the tire. When this occurs it can have dramatic effects on how a vehicle will react when the driver makes steering corrections to try to maintain control and can lead to lose of control and rollover accidents.

The danger of aged tire rubber

Most recently, the dangers posed by aged tires have begun to come to light. Both automotive manufacturers and tire makers are now acknowledging and beginning to warn of the potential for tire failures to occur due to the degradation of tires that naturally results over time as rubber gets older.

Unfortunately, most consumers do not know that tires have a shelf life like many other products, and that older tires that look brand new, like full sized unused spare tires, may not be safe. If an accident results when a tire with good tread separates or fails then the age of the tire should be examined to see if aging played a role. In these cases, a failure to warn claim may exist.

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Unfortunately, most consumers do not know that tires have a shelf life like many other products

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Similarly, if properly maintained and inflated tires fail within their useful life, design or manufacturing defects may exist. Like most product cases, it is critical that steps be taken to preserve the tire that failed. However, it is equally critical in these cases that steps be taken to find all of the pieces of tread that may have separated and to accurately document where they were found. It is also important to save all of the other tires on the vehicle at the time as they may provide valuable information.

We can help

If you or someone you know has been seriously injured or killed due to a tire failure a tire defect case may exist. We have extensive experience in evaluating and pursuing tire defect claims and we are here to help. Please contact us if we can be of assistance.

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