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CASES & INVESTIGATIONS |
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GENERAL INFORMATION |
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| December 17, 2004 |
The
National Law Journal, "Lawsuits
Over Tire-Tread Separations Gain Momentum;
Tires 6 years and older, regardless of mileage,
are a danger, actions allege" |
Auto
accidents allegedly caused by tire-tread separations
are sparking lawsuits across the country, with
plaintiffs charging that tire manufacturers are
selling tires without warning consumers of the
potential risk when the tires get older.
A handful of cases
have settled, and about 25 lawsuits are currently pending in several states,
including California, Florida, North Carolina and Texas, according to attorneys
involved in tire litigation.
The lawsuits allege
that tires older than 6 years -- even if never used -- could cause fatal accidents
due to the degradation of the chemical adhesive that bonds tire treads to tires.
Attorneys for the
tire industry counter that many factors could cause tires to deteriorate, and
that tire-aging claims are merely a creative way for plaintiffs to present products
liability cases. And not all tire-aging cases are plaintiffs' victories or settlements.
One case in federal district court in Georgia resulted in a defense verdict in
2003.
Much like the actions
against the tobacco industry, the heart of the litigation against tire makers
is the manufacturers' knowledge of the alleged risk of old tires, said Michael
Danko of O'Reilly Collins & Danko in San Mateo, Calif. Danko is the plaintiff's
counsel in two pending tire-aging cases, including Crane v. Ford Motor Co.,
which is scheduled to go to trial in January.
"It's a well-settled
legal precedent that a manufacturer has to warn consumers of a risk that makes
its product dangerous," he asserted. |
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