Liability for a Blowout Sidewall in a New Vehicle: Who Should Bear the Responsibility?

If you have ever experienced a blowout sidewall on a brand-new vehicle, you might wonder who is responsible for the resulting damage and any subsequent accidents. This article will delve into the legal and practical aspects of such incidents, examining liability, warranty claims, and legal considerations.

Case Study: An Early-1970s VW Scirocco

Consider the case of a VW Scirocco purchased in 1976. The car was only a few months old when the driver experienced a tire blowout on the right rear wheel. This incident caused damage to the alloy rim, which was not covered by the warranty in the driver’s opinion. The dealership initially refused to replace the damaged wheel, suggesting the driver had hit a curb.

The historical context is that such rims could cost nearly $700 in 1976, equivalent to double the rent of the driver’s apartment at the time. However, after pointing out that the tire failed on the opposite side, the dealership agreed to replace the wheel. This case illustrates how tire failures can lead to significant costs and inconvenience for drivers, even under warranty.

Understanding Liability and the Legal Process

Liability for the accident could be established by law enforcement or the courts. If it is determined that the tire was at fault, the tire manufacturer would be held responsible. However, proving a defect can be complex and costly, involving a significant investment in legal resources and time.

A good lawyer may be necessary to prove that the tire was defective, especially if there were injuries involved. If the tire just blew out without any apparent reason, this could be considered a clear-cut defect. Nonetheless, one should also consider external factors that might have contributed to the blowout, such as hitting a pothole or curb.

Current Scenario: A Not-So-New Car

When dealing with a newer vehicle (not brand new, but still relatively new), the scenario changes slightly. Let’s consider a situation where the vehicle has traveled some miles, and the tire blows out. The tire inspector determines that the sidewall was damaged by hitting a curb, causing the sidewall to burst.

In this case, the responsibility for the sidewall damage lies with the owner as the infraction was self-inflicted by hitting a curb. However, the legal and practical implications concerning who bears the cost for the accident and tire replacement are more nuanced.

Dealer Responsibilities and Warranty Claims

Car dealerships typically have a strong incentive to keep customers happy. In the case of a tire blowout due to hitting a curb, the dealer is more likely to offer a free replacement rather than pursue legal action. They may or may not try to explain the cause of the blowout but generally want to maintain a good relationship with the customer to ensure continued service.

If the tire blowout was clearly due to hitting a pothole or curb, the legal repercussions may not significantly impact the dealership’s decision to replace the tire. The primary goal would be to avoid any significant loss of customer satisfaction and brand loyalty.

Proving Defectiveness

Proving that a tire is defective can be challenging. Observation of a damaged sidewall or cuts may indicate a defect, but more rigorous testing and expert opinion may be necessary. Some tire manufacturers’ rubber does not require significant damage to become compromised, which can further complicate the situation.

Therefore, buyers should be aware of their rights under warranties and be prepared to consider the potential costs and legal challenges should a tire failure occur. In addition, taking steps to protect tires—such as regular inspections and adherence to maintenance guidelines—can help prevent such incidents.

Understanding the legal and practical aspects of tire blowouts can help drivers make informed decisions and potentially recover from such incidents with less stress and financial burden. By staying aware of the potential risks and responsibilities, drivers can better navigate the complexities of tire-related accidents and warranty claims.