Tread separation. Manufacturing defects. Vehicle component failures. The Florida products-liability framework, with the four-year SOL and the twelve-year statute of repose.
Call 904-383-7448Reviewed by Graham W. Syfert, Esq., Florida Bar No. 39104. Last updated .
Florida tire and product defect cases run through the products-liability framework: strict liability for design defects, manufacturing defects, and failure to warn. The deadline is four years from accrual under section 95.11(3)(a), Florida Statutes, with a twelve-year statute of repose under section 95.031(2)(b) for many products. Preservation of the defective product is everything.
The product as built differed from the design specification in a way that made it unreasonably dangerous. A tire with under-cured rubber, a brake line with a manufacturing flaw, a fuel tank with a defective weld.
The product as designed is unreasonably dangerous. Florida applies a "consumer expectation" test, sometimes blended with risk-utility analysis. The design defect cases often turn on alternative-design feasibility evidence from a qualified engineering expert.
The product lacks adequate warnings about a hazard known or knowable to the manufacturer. Failure-to-warn cases turn on what the manufacturer knew, when, and what warnings were practical.
Section 95.11(3)(a), Florida Statutes, sets a four-year deadline for an action founded on a design, manufacturing, distribution, or destruction of a product. The clock starts at accrual, which is generally the date of injury (subject to a limited discovery rule for latent defects).
Section 95.031(2)(b) imposes a twelve-year statute of repose for many products, measured from delivery to the original purchaser, with exceptions for products with longer expected useful lives. The repose deadline is absolute and cannot be extended by discovery or tolling for most claims.
The tire is the case. Without the tire, no expert can opine on the cause of failure, no manufacturer can be put on notice of a defect, and no jury can see what failed.
Steps to take immediately:
The tread belt separates from the carcass. Often caused by manufacturing defects in the rubber adhesion or in the steel belts. Aged tires (older than six years) are particularly prone.
Catastrophic loss of pressure due to sidewall puncture, defect, or aging. Can result from manufacturing defect or from impact with road debris.
The bead loses contact with the wheel rim. Often results from improper mounting or from manufacturing defects in the bead area.
The DOT code on the sidewall tells you how old the tire is. Aged tires are recurring problems even when no recall has been announced. Many tire failures involve tires that were installed used or that sat unsold for years before installation.
Recall lookup is free at the NHTSA website. Always check whether the failed tire (or the vehicle) is subject to a recall. A recalled product simplifies the case significantly.
Defendants in tire cases include the manufacturer, the distributor, the retailer who sold or installed the tire, and (for tires sold as original equipment) the vehicle manufacturer. Identify all of them in the initial complaint.
Four years for product liability claims. Section 95.11(3)(a). A twelve-year statute of repose applies under section 95.031(2)(b).
Preserve the tire and the wheel. Do not let the tow yard or repair shop dispose of them. Photograph the tread, 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.
Preservation is urgent. Call before the failed component disappears.
Call: 904-383-7448