A tire that lets go at highway speed is terrifying, and when the tire itself was defective, the crash was not your fault. The tire is the proof. There is a deadline. Let's talk before the evidence disappears.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
If a tire came apart and you were hurt, you may have a claim against the company that made it. Florida treats this as a products case: the tire maker can be held responsible for a defect in how the tire was designed or built, and so can the shop that sold or installed it. You generally have four years from the date of injury to sue, under section 95.11(3)(d), Florida Statutes. The single most important thing you can do right now is keep the tire. Without it, the case is much harder to prove.
You do not need to understand products-liability law tonight. You need to do five plain things, and the first one is take care of yourself.
A products case usually rests on one of three ideas. You do not have to pick the right one; that is the lawyer's job. But it helps to know what we are looking for.
The product as built came out different from its own design, in a way that made it dangerous. A tire with under-cured rubber, a brake line with a flaw, a fuel tank with a bad weld. The design was fine; this particular item was not.
The product is dangerous as designed, so every one of them carries the same risk. Florida asks whether the product failed to perform as safely as an ordinary person would expect, and often whether a safer design was feasible. These cases usually need an engineering expert who can show the better design.
The product lacked an adequate warning about a hazard the maker knew or should have known about. These cases turn on what the company knew, when it knew it, and whether a real warning was practical.
Two clocks matter. The first is the statute of limitations, the window to file suit. For a Florida product-liability injury it is four years from when the injury happens, under section 95.11(3)(d), Florida Statutes. Miss it and the claim is gone, no matter how strong.
The second is the statute of repose, an outer cutoff that runs from when the product was first delivered new. Under section 95.031(2)(b), Florida Statutes, many products carry a twelve-year repose period measured from delivery to the first purchaser. Unlike the limitations clock, the repose clock generally cannot be paused, so an old product can put a hard wall in front of a claim. This is one reason to call early rather than wait.
The tire is not just a souvenir of a bad day. It is the evidence. Without it, no expert can say why it failed, the manufacturer can shrug off any blame, and a jury never sees what came apart. With it, a qualified tire analyst can read the failure like a story.
If you still have access to the vehicle or the tire, do this much:
The tread belt peels away from the body of the tire, usually from a problem in the rubber adhesion or the steel belts. Tires older than about six years are especially prone, even if they look fine.
A sudden loss of pressure when the sidewall gives way, from a defect, from aging, or from a road-hazard impact. The cause matters, and the tire tells it.
The bead loses its seal against the rim, often from a bad mounting or a defect in the bead area, and the tire comes off the wheel.
The DOT code on the sidewall tells you how old a tire is, and aged tires are a recurring problem even when no recall has been announced. Many failures involve tires that were sold used, or that sat unsold on a rack for years before they were ever installed.
Checking for a recall is free at the NHTSA website, and a recalled tire or vehicle makes a case far simpler. When there is a case, the defendants can include the tire maker, the distributor, the shop that sold or installed it, and, for tires that came on the car when it was new, the vehicle manufacturer. The complaint should name all of them from the start.
Four years for product liability claims, under section 95.11(3)(d), Florida Statutes. A separate twelve-year statute of repose can apply under section 95.031(2)(b). Call early; the older the product, the more the repose deadline matters.
Keep the tire and the wheel. Do not let the tow yard or repair shop dispose of them or fix anything. Photograph the tread, the sidewall, and any belt separation.
Yes, if the tire was defective in design or manufacture and the defect caused the injury. Defendants may include the tire maker, the vehicle maker, and the retailer who sold or installed it.
No. The first conversation is free and there is no obligation. Call 904-383-7448 or use the form below.
Preservation is urgent. Call before the failed tire disappears, and before the deadline does.
Call: 904-383-7448