Tire Failure Cases
As a tire ages it undergoes profound chemical changes that decrease its durability. These chemical changes are commonly referred to as oxidation, which simply means that as the tire components are exposed to oxygen, the oxygen particles cause the flexible components of a tire to harden and become brittle. Over time, the tire will simply fall apart under normal stress, just like an old rubber band. Because this process occurs naturally, it does not matter if a tire is being used, stored as a spare, or simply waiting on a store shelf for an unsuspecting consumer. In 1973, the average tread life of a passenger car tire was approximately 24,000 miles. This number has quadrupled over the last forty years and some currently sold tires promise 100,000 miles of tread life. As tread life becomes less of a factor in the service life of a tire, oxidation becomes a more serious concern— particularly in hotter climates, like Georgia, which is routinely the fifth hottest state in the United States.
Tire aging is a “hidden hazard” because it is impossible to tell how old a tire is without deciphering an 11+ digit code that is imprinted on the side of the tire. The guide on the opposite page demonstrates how to interpret this code. As you can imagine, most consumers either do not know that this code exists or do not understand its significance.
A large body of scientific evidence supports that most tires should be replaced six years from the date they are manufactured. This six-year expiration date begins from the day the tire was manufactured at the plant—not the date it was sold to a consumer or the date that it was installed on a vehicle. Tire manufacturers are well aware of this expiration date, but have refused to help consumers identify aged tires. In contrast, many auto manufacturers have taken small steps to warn consumers by placing warnings within the owner’s manual of newer model vehicles. However, these warnings fail to convey the gravity of the risk to consumers and do nothing to warn owners of older model vehicles.
In addition, due to the cryptic code tire manufacturers use on tires, the warnings are of only limited use to consumers. The failure to provide an adequate warning of the dangers of tire aging places innocent lives at risk.
SOME TIRE FAILURES ARE CAUSED BY INADEQUATE RECALLS
From 2002 to 2012, more than 3.7 million tires have been recalled through NHTSA. Mandatory reports filed with NHTSA indicate that tire recall campaigns have been woefully ineffective. As of January 1, 2013, less than one million recalled tires have been removed from service. This means that in addition to the undisclosed design and manufacturing defects detailed in this publication, there are potentially millions of tires on United States roadways that have a known manufacturing defect. Simply stated, it is more economical for tire manufacturers to silently issue a recall and rely on tire sellers to remove tires from service than it is to diligently seek out consumers who are at risk of injury from defective tires.
TIRE SERVICE CENTERS ALSO CONTRIBUTE TO TIRE FAILURES
Once a tire is sold, it requires regular maintenance. As vehicle systems, including tires, become more complex, the ability of consumers to perform self-maintenance is decreasing. As a result, many consumers now receive tire maintenance as part of routine procedures from a service center. Unfortunately, some service centers cut corners to save time or money and consumer lives are placed at risk. When a service center agrees to service a tire, the service center assumes a duty to identify and warn of dangerous conditions and to perform repairs and maintenance in a safe and professional manner.
TIRE MANUFACTURERS BLAME VICTIMS FOR TIRE FAILURES
When a tire fails and an individual is seriously injured or killed in the resulting wreck, tire manufacturers refuse to accept responsibility. Instead, tire manufacturers and sellers will do anything to absolve themselves of liability. When faced with a claim for a defective tire, manufacturers will manufacture frivolous defenses intended to place blame exclusively on the victim, the vehicle the tire was installed on, the roadway, or the owner of the vehicle. Many consumers may find these excuses compelling. However, the attorneys at Werner Law have repeatedly proven that these “defenses” are not based in scientific fact.