This CLE course will deliver personal injury trial lawyers the necessary knowledge and tools to prevail for their clients on these common and tragic claims for injury and death. There are so many things that can go wrong with tires (a wide swath of installation and manufacturing issues) that manifest themselves in everything from explosions during inflation to tread separations leading to loss of control resulting in catastrophic accidents including rollovers.
Due to recent changes in reporting methodologies, the National Highway Traffic Safety Administration and has put the toll from tire injuries three times higher than initially thought. This change was no surprise to those who bring (and defend) these claims, as the most severe injuries (and deaths) have resulted in multimillion-dollar verdicts and settlements.
Key to the pursuit of a tire-related claim is an understanding of the many ways tires fail. Causes fall into two broad categories: tire design and manufacturing defects causing on-road tread separation failures and tire design defects in combination with inadequate warnings resulting in tire installation explosions. Installation issues include failure to test, improper mounting, choosing the wrong tire for the vehicle, under and over inflation, and a variety of others. Defects include issues with the design as well as material and process errors in manufacturing.
Trial attorneys must consider the proper defendants: manufacturer, seller, installer, and maintenance provider. Possible claims have elements of negligence, recklessness, and strict liability. If the defect at issue impacts an entire product line, class treatment could come into play. Finally, given the technical nature of the problem, expert testimony is absolutely required.
Listen as this experienced panel goes from the very beginnings of a claim (intake and demand) to the elements required to try the case successfully.
