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The Risk of Driving on Recalled Tires

Auto tires are highly engineered and carefully constructed to provide safe performance under a wide range of conditions. Like any sophisticated product, tires can be subject to manufacturer recalls. Such recalls can come about as a manufacturer learns about problems revealed by the real-world use of their products. When drivers learn about a recall of a tire that is mounted in their cars, it’s important to take immediate steps to respond to the recall. The underlying cause of tire recalls can vary widely. Some recent recalls have included potential problems with sidewall or tread adhesives coming apart. Others have reported cases where the steel cords lying underneath the outer rubber of a tire could become exposed. In each case the threat to drivers is a sudden loss of tire pressure, loss of traction, and loss of control. Even at low speeds a catastrophic tire problem can lead to a serious crash. Nevada’s products liability law gives people who are injured by defective products the option of suing the manufacturer and marketer of the product for compensation. A manufacturer recall doesn’t free the manufacturer from liability for injuries caused by the defect to which the recall relates. If anything, a recall is intended to reduce the risk that someone will get hurt and sue. A recall can even be useful to a plaintiff in a personal injury trial, provided that the plaintiff can prove that the specific defect addressed in the recall also caused the plaintiff’s injury. Proving that a specific defect caused an accident can require the help of an expert as the specific source of a tire failure may be impossible for an untrained person to identify. Expert witnesses can charge substantial fees for their work, but the expert’s analysis and testimony can be critical to show that a defendant’s product was defective. An expert’s testimony is likely to be especially useful for plaintiffs who want to use the fact of a recall as part of their case for the defendant’s liability. If a driver knows about a tire recall but ignores it or puts off getting the problem resolved, the tire manufacturer may have an argument that the driver has assumed the risk of injury by continuing to use the defective tires. Such a defense may grow more convincing as time passes. A driver who is injured by a tire failure while on the way to the shop to have the tire promptly replaced under the manufacturer’s recall program probably won’t face this defense. But a driver who goes for six months after receiving (and reading) the notice may have a harder time recovering full compensation if something goes wrong. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury and products liability cases. If you or a loved one has been injured by an accident caused by a defective tire, please contact us today for a free attorney consultation. Call us at 702-388-4476 or reach us through our contact page.