Académique Documents
Professionnel Documents
Culture Documents
Produced by the law firm of Beasley, Allen, Crow, Methvin, Portis & Miles,
P.C.
218 Commerce Street
Montgomery, Alabama 36104
(334) 269-2343
Every effort has been made to ensure the accuracy of the information
herein. However, author and Beasley Allen Law Firm are not responsible
for any errors or omissions which might have occurred.
Introduction 1
Conclusion 101
Acknowledgments 103
Citations 104
Index 108
"I fell asleep, and when I woke up, I was outside of the bus. []
People had to tell me what happened and what was going on."1
What was going on was that this teenagers bus blew a front tire
while taking him and his teammates to a football game.2 Another
survivor, who had also been asleep, was awakened by the sound of
the blow-out.3
The bus was forced into a guardrail and concrete bridge column.4
This teenager was lucky, as were more than forty others, but four
died at the scene two of whom had been thrown from the bus as
well, but their injuries were fatal.5 Among the dead was a 10-year-
old boy.6
A husband and wife had traveled to the beach for a long weekend
to spend time with family and friends. As they returned home,
traveling on the Interstate, the driver heard a thud in the right
rear wheel well. The next thing he remembers was the rear of the
vehicle swinging wildly. The vehicle left the road and
overturned. Although properly belted, his wife did not survive the
wreck. The right rear tire suffered a tread belt separation, even
though the tread depth was half worn on the tire.
These stories are just three out of thousands and thousands that
depict the catastrophes that can result from tire blowouts and tread
belt separations.
Why did these blowouts happen? Had the driver run over a nail
recently? How about a new cars tires?
Since I have been asked so many times over the years what to look
for when attempting to identify a potential products liability case, I
decided to put together this book as a primer to understanding
what to look for in a potential tire defect case.
2
This book is only a primer to give lawyers an idea of the factors
and issues that should be considered when evaluating a potential
defect case. I have not attempted to touch on every issue or topic,
but merely provide lawyers with the basics of what they should be
considering when a potential client presents themselves at their
office.
3
5
It is a well-accepted principle throughout the tire industry that the
fatigue life of a tire should exceed its tread life by some design/
safety margin for reasonably foreseeable service conditions.10
More than 11,000 crashes in the United States a year, at least, are
due to tire failure issues.11 This fact alone makes clear how
necessary tire litigation is but obscures the complexities and
variables in each situation and every potential lawsuit.
6
components, or something as simple as air being trapped in
between the layers of the tire during manufacturing.
Rather than attempt to address all the potential tire defect issues,
this book will be limited to late-life catastrophic tire failures on
vehicles that are traveling at highway speeds and suffer a tread belt
separation or delamination. (See Fig. 1, 2, 3 and 4)
Fig. 1
7
Fig. 2
Fig. 3
8
Fig. 4
Fig. 5a
9
Fig. 5b
10
Sadly, these defects first became evident years earlier in 1996;
documentary evidence proved that a Ford Explorer did a full flip
after a trainee test driver merely changed lanes at just over 50
mph.18
11
trends in products that may represent a significant hazard to
consumers.
12
the necessary safety precautions until their carelessness is revealed
in a courtroom. Thus, your case may prove to help the lives of not
only the current victims your clients but also the lives of
potentially thousands of other drivers and passengers.
13
15
Do You Have a Lawsuit?26
There are many issues that go into proving that a tire defect
proximately caused an accident and/or injuries to a client. Thus,
having experts to support your claim is essential to moving
forward with filing a lawsuit. Experts can assist you in drafting
discovery and narrowing your search for relevant industry
information.
The cost of proving a tire defect case can quickly rise to $250,000
to $500,000. Therefore, to pursue a tire defect case, it often
requires significant non-fatal catastrophic injuries or death to
justify the time and expense that is necessary to put together the
team that will be needed to prove a tire defect case.
16
One of the best ways to determine whether you have a lawsuit
depends on whether you have the factors to establish the lawsuit
Triangle.27
17
Additionally, physical evidence on the tire indicated that there
were a number of maintenance related issues that may have
contributed to the failure of the tire. Based on this evidence, there
did not appear to be a defect in the tire that caused it to fail.
However, there was a potential issue of retailer liability for selling
a used tire that was more than ten years old. Further investigation
revealed that the local retailer had no liability insurance to cover
the sale of the used tire.
18
While the Triangle and the Square intersect in ways, the
Square is more about the quality of the potential suit as opposed
to whether the suit should be brought at all. Some of the Square
factors may be unknown or not as favorable but may still justify
bringing the lawsuit. If any of the Triangle factors are missing,
the lawsuit should not be filed.
19
What is the Product?
It is the rubber that meets the road, and it is the air within that
rubber that keeps the car rolling.29 Tires are the only thing between
the driver and passengers and the ground between the vehicle
passengers and a wreck.30
20
tires have different properties more suitable to traction than touring
tires, which are built for mileage on paved roads.39
21
Who Made the Product?
Once it is determined that there is a viable case to pursue, you
must identify the tire product and its manufacturer, so you can file
suit and develop appropriate discovery to prove your case.
In a tire defect case, the tire itself is going to provide you with
most of the information you need about identifying the
manufacturer. In most cases, the name of the manufacturer is
going to be stamped on the side of the tire in some form or fashion.
(Fig. 9)
Fig. 9
22
In other instances, tires will have a name brand stamped on the
side that does not necessarily provide any indication of who the
manufacturer is. (Fig. 10)
Fig. 10
The sidewall of each tire is stamped with information that can assist
you most important, with the Department of Transportation, or
DOT, number. The DOT number will include information such as
the manufacturer and plant code, tire size code as well as optional
code information that could identify a manufacturers specific
brand. (Fig. 11 50)
23
24
Fig. 11
Federal law requires that each tire sold include a DOT number that
indicates the tire has met or exceeded Federal Motor Vehicle
Safety Standards related to the new tire performance requirements
established by the Federal Government. The DOT number is not
always on the side of the tire that faces out (often called the serial
opposite side of the tire). The DOT number can often times be
found on the side of the tire that is turned inward toward the
vehicle (known as the serial side).
If the tire was manufactured before the year 2000, it most likely
will not end with the typical four digits shown in Fig. 12. Since
2000 the date code has four digits. The first two digits are the week
of the year (01 = first week of January); the third digit (for tires
made before 2000) is the year (1 =1991). For most tires made after
25
2000, the third and fourth digits are the year (04 = 2004). So if the
date code reads 0806, the tire was manufactured in the eighth week
of 2006.
26
uses by consumers that should impact their design process and
design safety margins.
27
the DOT numbers for each tire on the vehicle. Based on our
experience, even though most service centers have a location in
their records for DOT numbers, technicians rarely include this
information in their recordkeeping.
28
the recall information to show that others in the tire servicing
industry breached their standard of care to our client.
29
The Proper Application
Obtaining the information contained on the product will allow you
to determine:
(1) the manufacturer of the tire (as discussed previously);
(2) the date the tire was manufactured (as discussed
previously);
(3) the size of the tire;
(4) load range of the tire; and
(5) maximum inflation for the tire and whether such a tire was
properly installed on the vehicle at issue in the case.
Nearly every passenger car and light truck on the road today
contains some type of placard on the vehicle that states the tire size
and inflation pressure for the vehicle that is recommended by the
manufacturer. (Fig. 13 and 14)
30
Fig. 14 Image courtesy Safercar.gov/NHTSA
In Fig. 13 and 14, you can see that the automobile manufacturer
has recommended a specific size tire be used on the vehicle along
with the appropriate tire pressure for use with the vehicle.
31
Fig. 15
32
information on the side of the tire will also indicate the load index
and speed information for the tire. (Fig. 16)
51
Fig. 16
Fig. 17
33
There is also a distinction between passenger tires and light truck
tires (LT tires). Passenger tires come in a variety of sizes that fit on
the typical passenger car or sedan. There are also large passenger
tires that are designed for use on SUVs and pickup trucks. The
design and make-up of passenger tires provides for a specific
maximum loading and typically provides a softer, quieter ride for a
vehicle.
A light truck tire, on the other hand, has design qualities that allow
it to accept a much higher load-carrying capacity and oftentimes
does not have as good of a ride as a passenger tire. Light truck tires
also typically require significantly higher air pressure when
compared to passenger tires. The difference between a passenger
tire and a light truck tire often comes into play related to pickup
trucks and/or large SUVs.
34
Wednesday, April 29, 2015 by Tire Rack Team
Alfred, You should stick with your factory pressure
to insure TPMS sensors continue to function
correctly and to preserve ride comfort. Running an
LT tire at higher pressures will increase load
carrying capacity, but will also stiffen the ride
considerably.
35
Thursday, September 8, 2016 by Tire Rack Team
Max, There is no reason you couldn't use an LT
tire. LT tires would not be any better or worse in a
given situation compared to the P counterpart
(outside of load capacity and ride comfort).52
36
As a result, we were able to respond to this defense by showing
that it was the tire professional who had recommended placement
of these tires on the vehicle, not our client. However, in this
specific case, our vehicle handling expert offered the opinion that
the slightly oversized tires did not cause or contribute to the loss of
vehicle control, but rather that it was the tread separation event that
was a proximate cause of the wreck. The fact that the same size
tire was allowable as an option was also helpful.
37
The Collection
and Preservation of Evidence
It is axiomatic in a product liability action that without the product,
it is almost always impossible to go forward with filing suit. This
is no different in a tire defect case. In order to establish that there
is a design or manufacturing defect in a specific tire, it is necessary
to have possession of the tire for an expert to evaluate. It is also
important to obtain any tread or belt pieces that have detached
from the carcass of the tire. (Fig. 18)
Fig. 18
38
If so, this evidence should be photographed and its location
marked for future reference. (Fig. 19)
Fig. 19
For some reason, the police and wrecker service responding to the
accident did not bother to search the scene for the failed tire. We
went to inspect the scene of the wreck and after an extensive
search were able to locate the failed tire that had separated from
39
the vehicle during the rollover sequence. It ended up several
hundred yards from the resting point of the vehicle, across the road
in tall grass.
Our inspection of the scene also found the long piece of detached
tread still on the scene of the accident. We documented the
location of the tire as well as the tread piece through photographs.
We also indicated on the roadway by identifying paint marks
where the tread piece had been located.
The scene of the wreck will also hold significant evidence related
to vehicle movements and can also include physical evidence
indicating when the tread belt separation event occurred. (Fig. 20)
Fig. 20
40
If it is a case where the tire lost air as part of the tread separation
event, there can be physical evidence indicating when the air loss
occurred. (Fig. 21)
Fig. 21
41
controllable and that the over reaction of the driver was the
proximate cause of the wreck. Therefore, vehicle handling and
movements during the tread separation event will become relevant.
For this reason, it is important to locate and obtain the vehicle and
preserve it for the duration of the case. (Fig. 22)
Fig. 22
In many instances, the vehicle can be bought for salvage from the
insurance company or wrecker yard that retrieved it from the
accident scene. The vehicle should be preserved in its post-wreck
condition and kept under cover if possible. The vehicle can also
contain evidence related to vehicle movements and injury
causation if that becomes an issue in the case.
42
In some instances, there may be vehicle-related handling defects
that can give rise to vehicle defect claims under the circumstances.
For example, in the Ford/Firestone litigation, the Explorer was
often blamed as having a handling defect that caused it to go out of
control in the event of a rear tire tread belt tire separation. The
vehicle can also be a good source of physical information to
establish an interaction between the tread belt flap that separates
from the tire. (Figs. 23 and 24)
Fig. 23
43
Fig. 24
When the tread belt separates from the vehicle, it can interact with
the vehicle causing a braking effect, causing the vehicle to pull in a
certain direction toward the tire failure. Additionally, there have
been occasions where the detaching tread belt flap has wrapped
around a brake line actuating the vehicle brakes and causing more
severe vehicle reactions. Therefore, the vehicle itself can be a
treasure trove of evidence regarding the specific incident being
investigated.
44
The Expert Tire Inspection
One of the most significant pre-suit evaluations that should occur
is an inspection of the failed tire by a qualified tire failure expert.
It is not unusual for an initial examination of a failed tire to cost
$5,000 or more. An expert will typically perform a visual and
tactile inspection that is non-destructive in nature. In fact, the
expert should take extreme care not to destroy or alter any of the
physical evidence with respect to the tire.
A qualified tire expert can also obtain x-rays of the failed tire in
order to get a better look at the construction of the tire and any
anomalies that may exist in the tire. Again, this is a non-
destructive evaluation. X-rays allow an expert to see belt
placements that exist in the tire. (Fig. 25)
45
Fig. 25
46
47
Design Defects
Over the years, nearly all of the major tire manufacturers including
Michelin, Bridgestone, Dunlop, Goodyear, Uniroyal and others
filed patents through the 1960s into the 2000s offering different
inventions, all with similar applications and designs for limiting or
reducing belt edge separations so as to increase the durability of
steel-belted radial tires.55
48
of the belt plies becoming detached from the
surrounding rubber under the effects of centrifugal
force acting on the tire, and this result is made even
more likely by the fact that the cords or cables and
the belt plies, being disposed obliquely to the
median equatorial plane of the tire by virtue of said
plies being out obliquely with respect to said
longitudinal direction of the cords or cables therein,
have a natural tendency to spread apart or open in a
fan-wise direction at their cut ends. The edges of
the belt thus constitute zones or regions where the
cut and free ends of the reinforcing elements, i.e.
the cords or cables by friction and by cutting, cause
breaks both in the carcass plies and in the tread
rubber of the tire.56
49
Fig. 26
50
sufficient in managing the stress, strain and heat seen at the belts
edge.
Fig. 27 60
Manufacturers often argue that cap plies are only suitable for high-
performance tires. However, nylon is often found in all variety of
tires. A cap ply is made of nylon or other similar material and is
placed on top of the belts and below the tread material. Cap plies
have also been installed along the belt edge and shoulders of the
tire as an additional component known as cap strips. (Fig. 28)
51
61
Fig. 28
The usefulness of cap plies and their ability to increase belt edge
durability has been well-known for decades.62 This method of tire
design has been used and implemented successfully for decades in
Europe. However, American tire manufacturers have resisted the
use of this additional component until recently.
In litigation, tire manufacturers will tell you that cap plies are only
useful for high speed or high performance tires. But proving that
your tires manufacturer failed to include a cap ply could be
beneficial to your case, as it was for the plaintiffs in Mascarenes v.
Cooper Tire & Rubber (Georgia) and Idar v. Cooper Tire &
Rubber (Texas).63 The plaintiff won a punitive damage claim in
Mascarenes because the federal court took note that usage of cap
plies has been prevalent in the tire industry for decades.64
Despite the usefulness of cap plies and the long track record of
improving the durability of tires, steel-belted radial tires are still
sold in the United States without this feature. It is possible to
include both cap plies and belt wedges as components to reduce
the stress, strain, and heat generated at the belt edges and increase
the durability of tire belt edges. (Fig. 29)
52
65
Fig. 29
53
Improper cure temperature
54
liner is to prevent the escape of the compressed air that inflates the
tire. While it is impossible to prevent the escape of all air, the
purpose of proper tire design is to reduce the escaping air from the
tire to the largest extent possible, especially by preventing air and
moisture from passing into the internal components of the tire. If
compressed air and moisture are allowed to move through the
other rubber components of the tire, it can accelerate the oxidative
degradation of the rubber components and cause premature failure.
55
Manufacturing Defects
Each manufacturer has developed manufacturing specifications
that govern the process for making each specific tire design.66 But
invariably, mistakes are made. It is these mistakes built into the
tire during manufacturing that are crucial to a tire case.
Fig. 30
56
Fig. 31
Fig. 32
57
Fig. 33
Fig. 34
58
bonding necessary to maintain its structural integrity. An
experienced forensic tire expert will be able to identify the
existence of liner pattern marks and whether the marks evidence a
failure to properly manufacture the tire so that all components
were properly bonded during the vulcanization process.
Trapped air
Fig. 35
Fig. 36
59
If this occurs, it will create areas of trapped air or steam blisters
that are actually voids within the finished tire.
These areas also evidence areas within a tire where there is poor
bonding because of the voids of air. In the areas where trapped air
exists, there is no bonding of the rubber components and,
therefore, no resistance to a tread separation event. In other words,
the durability of the tire can be severely degraded.
60
Fig. 37
61
Fig. 38
62
Overlapped belt splices create stiffened areas of a belt, which can
increase the stress and strain of the tire in that specific region.68
(Fig. 39-41)
Fig. 39
63
Fig. 40
64
Fig. 41
65
A dog-eared splice occurs when the belt is misaligned during the
building process and results in a belt end edge sticking out creating
a pointy piece of belt. Thus, a dog-eared splice alters the ability of
a tire to manage the stress, strain and heat at the belt edges.
(Fig. 42, 43.)
Fig. 42
66
Fig. 43
67
Similar is a gapped belt splice, which is an enlarged splice between
the belt ends. (Fig. 44, 45.) Gapped belt splices changes a tires
ability to dissipate stress and strain during operation and alters the
tires ability to properly manage stress as originally designed.
Fig. 44
68
Fig. 45
69
Scalloped belts affect the belt edges creating uneven distortions
within the belt at the shoulder, resulting in an inability to properly
manage stress and strain. (Fig. 46, 47)
Fig. 46
70
Fig. 47
71
Premature oxidation
Fig. 48
72
Fig. 49
Most often, this happens at the cut ends of the belts, and the
stresses and strains at this area can cause polishing that is evidence
of oxidated degradation.
73
Inner liner splice
The inner liner is the material component of the tire that replaces
what was previously known as an inner tube. The inner liner is a
component part manufactured into the tire with the purpose of
retaining the compressed air that fills the tire and pressurizes it.
The inner liner is typically formed of a single component with the
two ends being sealed together. The two ends of the inner liner
will be slightly overlapped during the assembly process. If the tire
is improperly manufactured, this overlapping splice can lift or
separate. (Fig. 50, 51)
Fig. 50
74
Fig. 51
Porosity
75
Fig. 52
Fig. 53
76
Foreign material can be lodged in a tire during the manufacturing
process as a result of poor quality assurance processes. Foreign
material can be anything not called for in the tire specification and
can range from anything from nuts or bolts to pieces of wood.
Proper training and quality assurance processes are vital to
avoiding foreign objects being manufactured into tires. (Fig. 54)
Fig. 54
77
Warning Defects
In addition to theories related to design and/or manufacturing
defects, a failure to warn claim should also be considered. Tread
belt separations and the hazard they pose to the traveling public are
well-documented and recognized by manufacturers as well as the
National Highway Traffic Safety Administration (NHTSA).
78
Vehicle Handling Issues
Statistics from the National Automotive Sampling System-
Crashworthiness Data System indicate that there are more than
17,000 accidents per year classified as tire failure-related. Of those
specific wrecks, there were nearly 400 fatalities and more than
11,000 injuries.
As the tire tread separates at high speeds, the loose tread can slap
against the vehicles undercarriage, causing loud noises.70 The
vehicle seems to brake by itself, pulling the vehicle in the direction
of the tire failure, as the tire separation causes the wheel to no
longer maintain a speed equal to the other three wheels. 71 Drivers
may report their brakes went out, a misconception caused by a loss
of complete control over the wheels and the vehicles speed.
79
are designed to be steady-state understeer vehicles. Automobile
designers consider understeer to be a safe handling characteristic
design for the public.72
In other words, during that time period when the tread is actually
peeling away from the carcass of the tire, a severe situation can
occur that can cause an instantaneous or instant oversteer condition
of the vehicle that is unexpected and unknown to typical drivers.
80
Since most consumers are accustomed to driving a vehicle that is
understeer, it is not uncommon for a driver to lose control when
the vehicle instantaneously becomes an oversteer vehicle. In the
oversteer condition, the vehicle will overreact to steer inputs that
would typically be safe operating conditions when the vehicle isnt
in an oversteer condition.
81
Importer Liability
In recent years, China was blamed for dangerous products,
including exploding tires,76 that it exported to the United States.77
From July 2006 to June 2007, FDA inspectors stopped 1,901
shipments from China.78 The Chinese government has confessed
that it has inadequate safety standards and recently executed the
head of Chinas food and drug agency because he permitted tainted
products to proceed to market in exchange for bribes.79
82
established network of dealerships while others simply import their
products to distributors that implement the manufacturers
marketing plan to sell tires throughout the United States. Where
there is no existing dealership network, in the event of a product
defect, a foreign manufacturer may argue the lack of personal
jurisdiction in an effort to avoid being hauled into the United
States court system to answer for its poorly made products. In
those instances, it may require pursuing the importer for liability
for the defective product.
Many times the U.S.-based importer will claim that it has a lack of
knowledge regarding the design, manufacture and testing
associated with the product it is importing. However, the National
Traffic and Motor Vehicle Safety Act 49 U.S.C. Chapter 301 Sec.
30102(a)(5)(B) establishes that importers of motor vehicles or
motor vehicle equipment are deemed the manufacturer of the
imported product. In other words, under Federal law, an importer
is designated to be the manufacturer of the product it imports and
could be subject to liability for a defective product.
83
importing are safe. Therefore, it is possible to pursue independent
negligence claims against importers for failure to follow the
standard of care related to their obligations as an importer. These
would be claims separate and apart from strict liability or product
defect claims.
84
Therefore, it may be possible to locate a designated agent of
service of process in the United States identified pursuant these
regulations for a foreign manufacturer that enables a plaintiff to
serve the designated U.S. agent for service. However, there are
conflicted judicial decisions on this issue.
85
Tire Aging
Tire aging can occur to a tire without any real visual signs of
degradation. In fact, tires can suffer a catastrophic failure even
though the tire has never been used and appears to have nearly all
of its tread depth. Yet, the public, and even tire retailers and
service technicians, know little about the dangers of aged tires.85
86
NHTSA has recognized that tire aging is a significant safety factor
that can contribute to catastrophic tire failure.89
87
Automaker recommendations
88
Retailer Liability
However, if the tire servicer recognizes the age of the tires, the
consumer should be informed and encouraged to remove the tires.
Tire service experts will tell you that if such recommendations are
made and refused by the customer, industry practice would require
the consumer sign the retail receipt related to the servicing of the
vehicle explaining that the customer has declined the
recommendations to remove aged tires. However, more often than
not, tire servicers do not look at DOT numbers to determine the
age of the tire and therefore miss tire aging issues.
89
oversteer. However, the oversteer condition can occur during other
instances, not simply on wet pavement. For this reason, as a
general rule, the best tread depth should always be placed on the
rear axle. Therefore, in cases where the best tread is actually on the
front axle and a vehicle suffers a rear tire tread belt separation,
there may be a degraded handling issue related to tire servicer
conduct.
Tire servicers will often sell used tires as well as new tires. Some
of the used tires may have been removed from vehicles serviced at
the facility and some may have been purchased from a used tire
wholesaler. Some tire manufacturers do not approve of the selling
of their products in a used condition absent knowledge of how the
tire had been previously used and whether it had been abused or
suffered other types of internal damage that can by identified by a
proper inspection by a qualified tire service expert. In some cases,
90
tire manufacturers issue bulletins stating that their tires should
never be purchased used. In this situation, there is potential
liability on a retailer for selling used tires in violation of these
recommendations and guidelines.
Tire recalls
91
Sean Kane, founder and president of Safety Research & Strategies,
calls the problem the invisible hazard. Federal investigators
confirm several hundred people are killed each year in accidents
where tires are a factor.
92
93
When manufacturers are forced to answer why their tires have
failed, they are likely to make defenses such as the below:
Under inflation
94
grooves in the bead flange area of a tire as evidence that a tire was
run under inflated. A rim groove is physical evidence left in the
bead flange area of a tire that has been installed on a rim.
Manufacturers claim that rim grooves only occur in tires that
evidence contact between the tire and a rim.
Despite the tire manufacturers position, virtually all tires that have
been mounted and inflated on a metal rim for any significant
amount of time will show evidence of rim grooves. When a tire is
seated inside a metal rim flange and air pressure forces are applied,
the lower sidewall rubber is forced into the rim causing a rim
groove.
Additionally, all tire designers design a tires bead area such that
there is a compression fit of the tire to the rim so that the tire will
remain inflated and in position on the rim once mounted. This
compression fit yields compression rim groove marks over time
whether the tire is operated under inflated or not. The mere fact
that tires are mounted on rims, exposed to inflation pressures and
operated under vehicle weight and loads will produce rim grooves
over time.
There are a number of factors that can affect the degree of rim
grooving that is not related to a tire being operated in an under
inflated condition. For example:
(1) tire rubber softness;
(2) a tires lower sidewall profile relative to the profile of
the rim flange;
95
(3) underlying construction of the tire in the lower sidewall
area;
(4) the amount of use;
(5) the position of the tire on the vehicle relative to turning,
acceleration, braking; and,
(6) the load and inflation pressures experienced by the tire.
These are all factors that can influence the degree of rim grooving
on a tire outside of being operated in an under-inflated condition.
The mere presence of rim grooving, without other supporting
forensic evidence, cannot be used, in isolation, to assert that a tire
has failed as a result of an under inflated operation.
Overloading
96
Tire manufacturers often point to oily residue on the tread surface
or oily residue in a tread separation surface to suggest that this is
evidence of overloading. While this can potentially be evidence of
overloading, it can also be evidence of oils migrating from the belt
skim rubber as a result of the excessive polishing between belts
that have separated due to other reasons such as design or
manufacturing defects. The presence of an oily residue alone is not
evidence supportive of overloading.
Maintenance
While many of the common defenses listed here can fall under the
heading of maintenance, oftentimes manufacturers will point to
maintenance (or lack of maintenance) performed by a retailer or
tire service center as being the ultimate cause associated with a tire
failure.
Impact damage
97
result of some impact with an external object that can be as small
as a Coke can to as large as a cement block. In reality, a tire failure
caused by impact damage actually produces a different failure
mode than a tread belt separation. An impact to a tire that is
significant enough to break through tread, steel belts, carcass, and
inner liner components would result in an immediate air-out of the
tire and not simply a tread belt separation.
Improper repairs
Punctures
98
The above statement acutely depicts the typical manufacturers
fault-shifting tactic: they cannot be expected to avoid the
unavoidable. But this misleading claim ignores the science behind
punctures and their relationship to failed tires.
Driver actions
99
Once the tread lift is initiated, the event can last up to several
seconds. Tire manufacturers are often critical of a driver for
braking (or not), trying to correct the path of the vehicle through
steering or other corrective actions when the vehicle begins to
fishtail or oversteer. It is important to understand that these tread
belt separation episodes are often without any precursor or
warning to the driver.
100
The purpose of this book has been to provide lawyers with a
primer to tire litigation. The value of intense case preparation
through discovery and expert selection has not been addressed in
this book. However, I hope that the contents will at least assist you
in getting started and help you to know what questions to ask as
you evaluate your potential tire case.
101
This book would not have been possible without the support of my
law firm and partners at Beasley Allen. The knowledge and
experience of great trial layers like Jere Beasley, Greg Allen and Cole
Portis has been a tremendous resource to me over the years. I also
have to say that I have learned much and been supported by many
great trial lawyers from organizations like the Attorney Information
Exchange Group, the Alabama Association for Justice, and the
Georgia Trial Lawyers Association. The practice of law representing
those who need help the most has been a humbling and rewarding
experience. I believe the needs of these clients pushes us all to find
justice for them through our great legal system. I am blessed to be
associated with these groups and thank them all.
- Benjamin E. Baker
103
Citations
1
Turbyfill, Diane, Gaston Teens Survive Crash, Gaston Gazette (Sept. 19, 2016)
http://www.gastongazette.com/news/20160919/gaston-teens-survive-crash
(Nov. 5, 2016)
2
Ibid.
3
Ibid.
4
Ibid.
5
Ibid.
6
Ibid.
7
Keegan, Harrison County jailer accused of sexual relationship with escaped
inmate, one inmate caught, KSDK-TV (Sept. 20, 2016)
http://www.ksdk.com/news/crime/pulaski-county-jailer-accused-of-sexual-
relationship-with-escaped-inmate/321649786 (Nov. 5, 2016)
8
Ibid.
9
Ibid.
10
National Highway Traffic Safety Administration (NHTSA), Engineering
Analysis Report and Initial Decision Regarding EAOO-23; Firestone
Wilderness AT Tires (Oct. 2001)
11
Tire Aging: A Summary of NHTSAs Work, U.S. Dept. of Transportation
National Highway Traffic Safety Administration (March 2014)
12
Survivor of Ford Rollover Accident Testifies, Houston Chronicle, (Aug. 14,
2001) http://www.chron.com/business/article/Survivor-of-Ford-rollover-
accident-testifies-2018871.php (Dec. 3, 2016)
13
Ibid.
14
Ibid.
15
Ibid.
16
Ibid.
17
Ibid.
18
Greenwald, John, Inside the Ford/Firestone Fight, TIME Magazine (May 29,
2001) http://content.time.com/time/business/article/0,8599,128198,00.html,
(Dec. 3, 2016)
19
Simison, Robert, Lundegaard, Karen, Shirouzu, Norihiko, and Heller, Jenny;
How a Tire Problem Became a Crisis for Firestone, Ford, The Wall Street
Journal (Aug., 10, 2000) http://www.wsj.com/articles/SB965870212891028108
(Dec. 3, 2016)
20
Ibid..
21
Ibid.
22
Congressional Record, 106th Congress, 2nd Session, Issue: Vol. 146, No. 128,
https://www.congress.gov/congressional-record/2000/10/13/extensions-of-
remarks-section/article/e1778-
3?q=%7B%22search%22%3A%5B%22TREAD+act%22%5D%7D&r=4 (Dec.
3, 2016)
104
23
Ibid.
24
Tire Aging: A Summary of NHTSAs Work, U.S. Dept. of Transportation
National Highway Traffic Safety Administration, (March 2014)
25
Ibid.
26
Do You Have a Lawsuit is a pre-suit case evaluation methodology utilized
by Attorney G. Whit Drake.
27
The Triangle was first utilized by Attorney Lanny S. Vines.
28
The Square was developed and utilized by Attorney G. Whit Drake.
29
How Tires Are Made, Tire Industry Association,
https://www.tireindustry.org/how-tires-are-made (Dec. 3, 2016)
30
Beasley Allen principal LaBarron Boone discusses tire recalls, detreading,
BeasleyAllen.com https://www.beasleyallen.com/multimedia/beasley-allen-
principal-labarron-boone-discusses-tire-recalls-detreading (Dec. 27, 2016)
31
The Pneumatic Tire; DOT HS 810 561, February 2006
32
How Tires Are Made, Tire Industry Association,
https://www.tireindustry.org/how-tires-are-made (Dec. 3, 2016)
33
Ibid.
34
Ibid.
35
Ibid.
36
Ibid.
37
Ibid.
38
Ibid.
39
Ibid.
40
Ibid.
41
Ibid.
42
Ibid.
43
Ibid.
44
Ibid.
45
Petersen, Gene, Where Were Your Tires Made?, Consumer Reports (Oct. 14,
2015) http://www.consumerreports.org/cro/tires/where-are-tires-made (Dec. 3,
2016)
46
Ibid.
47
Ibid.
48
Ibid.
49
Ibid.
50
If Tire Labels Could Talk, Heres What Theyd Say, TireWise, NHTSA,
https://www.safercar.gov/tires/pages/tires_labeling.html, (Dec. 3, 2016)
51
Consumer Guide to Uniform Tire Quality Grading, NHTSA
52
Colin, LT vs. Passenger Tires, TireRack.com, (June 7, 2010)
http://blog.tirerack.com/blog/colintirerackcom/lt-tires-vs-passenger-
tires#sthash.0Xtb7hRy.dpuf (Dec.27, 2016)
53
National Highway Traffic Safety Administration (NHTSA), Engineering
Analysis Report and Initial Decision Regarding EAOO-23; Firestone
Wilderness AT Tires, (Oct. 2001)
105
54
U.S. Patent 3,357,470, filed Dec. 15, 1965.
55
U.S. Patent 3,357,470, filed Dec. 15, 1965; U.S. Patent 3,598,165, filed July
15, 1968; U.S. Patent 3,786,851, filed March 2, 1971; U.S. Patent 3,831,656,
filed March 27, 1972; U.S. Patent 3,850,219, filed Feb. 21, 1973; U.S. Patent
3,973,612, filed July 12, 1974; U.S. Patent 4,184,530, filed Nov. 21, 1978; U.S.
Patent 4,284,117, filed Dec. 3, 1979; U.S. Patent 4,407,347, filed Jan. 13, 1978;
U.S. Patent 4,724,881, filed Feb. 13, 1986; U.S. Patent 4,791,973, filed Jan. 25,
1988; U.S. Patent 4,934,430, filed Nov. 2, 1988.
56
U.S. Patent 3,834,439, filed Jan. 26, 1973.
57
Ammons, Rob, Blowout: How Tire Defects Hurt and Kill, The Ammons Law
Firm, http://ammonslaw.com/wp-
content/uploads/2015/09/tire_defects_tire_detread.pdf (Dec. 3, 2016)
58
Ibid.
59
Ibid.
60
U.S. Patent 3,850,219 filed Feb. 21, 1973.
61
U.S. Patent 4,184,530 filed Nov. 21, 1978.
62
U.S. Patent 3,357,470, filed Dec. 15, 1965.
63
A Defective Tire Can Cause Major Problems, Sutliff & Stout Injury &
Accident Law Firm (Oct. 5, 2016)
https://myhoustoninjuryattorneys.com/automotive-product-liability/tire-defects/
(Dec. 3, 2016)
64
Ibid.
65
NHTSA The Pneumatic Tire publication.
66
Ammons et. al., Tire Defect Litigation 3, Lawyers & Judges Publishing
Company (2016)
67
Photographs in this section showing manufacturing defects have been
graciously provided by Troy Cottles, forensic tire expert.
68
Ammons et. al., Tire Defect Litigation 134, Lawyers & Judges Publishing
Company (2016)
69
Beasley Allen principal LaBarron Boone discusses tire recalls, detreading,
BeasleyAllen.com https://www.beasleyallen.com/multimedia/beasley-allen-
principal-labarron-boone-discusses-tire-recalls-detreading (Dec. 27, 2016)
70
Causes of Tire Tread Separation and Delamination, Kaster, Lynch, Farrar, &
Ball, http://thetirelawyers.com/tire-litigation/tread-separation-faq/ (Dec. 3,
2016)
71
Ibid.
72
Renfroe, et al, Effects of the Process of Rear Tire Delamination on the Vehicle
Stability, Paper No. 07-0142.
73
Id.
74
Renfroe, et al., Designing for Vehicle Stability During Rear Tire Tread
Separation Events, IMECE 2006-13600; Isper, et al., Solid Axle Tramp
Response Near the Natural Frequency and its Effects on Vehicle Longitudnal
Stability, SAE 2008-01-0583; Gilbert, et al., Dynamic Testing of an SUV with
Tire Tread Separation, Canadian Multidisciplinary Road Safety Conf. XIX;
106
Gilbert, et al., The Effect of Tread-Separation on Vehicle Controlability, Hazard
Information Foundation, Inc. Tire Tech. Conf. 8/2010; Ardent, et al., Force
Response During Tire Tread Detachment Event, SAE Technical Paper 2000-01-
0697.
75
Causes of Tire Tread Separation and Delamination, Kaster, Lynch, Farrar, &
Ball, http://thetirelawyers.com/tire-litigation/tread-separation-faq/ (Dec. 3,
2016)
76
Bitterlin, Dane J., Practical Considerations in International Products
Liability Litigation, Neil Dymott Attorneys,
http://www.neildymott.com/practical-considerations-international-products-
liability-litigation (Dec. 3, 2016)
77
U.S. Liability for Foreign-Made Products, Larson King,
http://www.larsonking.com/files/Foreign_Products_Liability.pdf, (Dec. 3, 2016)
78
Ibid.
79
Ibid.
80
Ibid.
81
Ibid.
82
Ibid.
83
2008 Recommended Best Practices for Importers of Motor Vehicle and Motor
Vehicle Equipment, NHTSA; Also, see, 1975, Handbook and Standards for
Manufacturing Safer Consumer Products, CPSC.
84
Tire Aging: A Summary of NHTSAs Work (March 2014)
85
Tire Safety, Safety Research & Strategies, Inc.
86
Ammons et. al., Tire Defect Litigation 35, Lawyers & Judges Publishing
Company (2016)
87
Tire Aging: A Summary of NHTSAs Work (March 2014)
88
Ammons et. al., Tire Defect Litigation 35, Lawyers & Judges Publishing
Company (2016)
89
Tire Aging: A Summary of NHTSAs Work (March 2014)
90
Tire Safety, Safety Research & Strategies, Inc.
91
Ibid.
92
CNN Money (May 20, 2005) Ford: Older tires need to be replaced,
http://money.cnn.com/2005/05/20/Autos/oldtires/ (Jan. 6, 2017)
93
TireWise, NHTSA, https://www.safercar.gov/tires/index.html (Dec. 3, 2016)
94
Forensic Tire Expert, Troy Cottles, is a contributor to this section.
95
Why Do Tires Fail, Tire Industry Association,
https://www.tireindustry.org/why-do-tires-fail (Dec. 3, 2016)
96
Ibid.
97
Ibid.
98
Ibid.
99
Ibid.
100
Tire Repair, Tire Industry Association, https://www.tireindustry.org/tire-
maintenance/tire-repair (Dec. 3, 2016)
101
Ibid.
107
Index
A
Belt 1-2, 7, 10-11, 16-17, 28, 36, 38, 40, 42-46, 48-54, 60, 63, 66, 68, 70,
72-73, 78-79, 90, 94, 96-100
Belt wedge 49-52
BFGoodrich 22
Blowout 1-2, 6
Bridgestone 10, 22, 48, 88
Damages 2, 17, 39
Delamination 7, 79-80
Department of Transportation 23
Design defect 48-49, 56
Detread 6-7, 91
DOT number 23, 25, 28, 89
Dunlop 22, 48
108
G
Goodyear 22, 48
Halobutyl 55
NASS-CDS 12
National Automotive Sampling System-Crashworthiness Data System 12,
79
National Highway Traffic Safety Administration 11, 26, 78, 82-83, 86
National Transportation Safety Bureau 92
NHTSA 11-12, 25-26, 30-31, 78, 83, 86-87, 92
NTSB 92
Nylon wrap 49, 51
109
O
Porosity 54, 75
PSI 31-32, 36
Punctures 20, 28, 98-99
Shearography 46
Understeer 80-81
110
V
Witness 18, 40
X-ray- 45, 60
Yokohama 22
111
112