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Defective tire caused a blowout

San Diego, CA |

Purchased a new set of tires a year ago from a tire shop. The other day one of the tires blew out (sounded like a loud firecracker) despite the fact that I did not run over any objects or hit a pot hole. The tires were properly inflated. This caused major damage to the rim and suspension of the car, luckily there were no injuries. Had a mechanic check it out and he told us we were sold cheap chinese tires that have a reputation for being dangerous. Had I known about the brand of tires I would not have bought them. However, the tire shop knew about their dangers because when I went to complain about the damage, they said "that's what you get for buying cheap chinese tires." Then the owner gave the old "road hazard" excuse. I'm going to pursue in small claims court but what are my chances?

Attorney Answers 3

  1. No one can predict the outcome of small claims court litigation. Tires usually come with a warranty which may provide some coverage for you. Not telling you that you were buying cheap, crummy tires is not a violation of a vendor's obligations.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  2. This is a tough one. You can try to sue in small claims court. Because there were no injuries this is not a personal injury case . As you have no other damages, I would report to your insurance company and consider small claims.. Sorry to hear about this.

  3. In addition to filing litigation, you can file a complaint with the better business bureau regarding the business selling these tires. To pursue a claim against the manufacturer or the dealer, you will want to obtain a few estimates of the damage to your vehicle.

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