Consumers Beware Of Statutes Of Repose In Tire Defect Cases
UPDATED: February 7, 2020
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You’ve been in an accident that was caused by defective tires. You’ve repaired your vehicle, your injuries are healed and now you’re considering bringing a lawsuit against the tire manufacturer. Take it from an attorney who knows – don’t wait too long or you might not be able to sue at all.
Attorney Rick Morrison, an attorney and a member of the Advocate Law Group network focuses a large part of his practice on tire defects. He stresses that consumers have to be careful not to wait too long before deciding to file suit because some states have statutes of repose. He explained, “Statutes of repose say that a consumer cannot bring a claim on a product if it is old. Some states have the law, others do not. For example, North Carolina has that law, but Alabama does not. Here’s how it works: if you have a product, in this case tires, that was sold in June of 2001 and you’re injured today (August, 2008), you cannot bring a suit in the state of North Carolina because their statute of repose is six years. State laws vary, however. Some have longer statutes of repose, some have shorter ones and some, as I mentioned, don’t have any at all. For example, Tennessee’s is ten years, while Mississippi doesn’t have one at all. It can be very confusing.”
Having good representation is key
If you want to find out whether or not you lost a loved one because of a tire defect, contacting an experienced lawyer right away is prudent so that he or she can find out which laws apply. In the case of Goodyear G159 tires, there aren’t generally any warning signs of defect. According to Morrison, “A lot of the bad tires, or a lot of the tires that have experienced problems that my firm has litigated and have actually had problems with for quite some time, really didn’t exhibit any problems. In fact, there’s absolutely no warning whatsoever that you might have a problem.”