Legal Question in Product Liability in Georgia

I purchased a used tire from a tire dealership. At the time of purchase the service technician had told me the tire I was purchasing did not have many miles on it, and by looking at the tire it did look almost new the tread was really good. After the tire was put on I started noticing a vibration in my car but at this point I had no idea it has something to do with the tire I had purchased. The vibration would increase each day. On my way home 2 days ago the vibration was so bad it was difficult just holding the steering wheel. While driving 85north I heard several loud noises and looked in my rear view mirrior to see piece of that tire was flying back behind my on the road, I pulled my vehicle over to inspect the tire. The tire was still fully inflated but the tread had just ripped away from the tire causing significant damage to my vehicle ripping my rear bumper off, knocked the fender flare off, and bent the fender completely under the vehicle touching the under carriage. I took the tire back to the place of purchase and ask them to look at the tire that I had purchased from them, the technician stated yes this is a problem and he took the tire and replaced it with another tire, at that point I had not informed him of the damage it had caused to my vehicle. After the technician replaced the tire owning responsibility- to his surprise I then asked him what he planned to do about he damage to my vehicle that was caused due to the defected tire.I showed him the pictures of the damage to my vehicle and he paused then looked at me and said this was not his responsibility. I told him he took responsibility for the tire already so why will he not stand behind this and take care of the damage? Never at any point when I initially purchased this tire did they tell me they would not stand behind and warranty it. But now that he was informed of the damage he is telling me he will not warranty this tire. How can I push this so that this company pays for the damage?


Asked on 8/29/11, 9:39 am

3 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Unless you bought the used tire with a written warranty which included consequential damages, your case is weak.

If the company won't pay you could try suing in small claims court (Magistrates Court), but I suspect your odds of prevailing are very low.

I'd talk with the owner, and maybe also file a Better Business Bureau complaint to see if the busienss might assist, but in replacing the tire, he already did more than he legally had to do. In trying to trick him and not show him the damage first, you weakened what litle case you had, and the damage cannot be that major if he did not see it replacing the tire, so maybe, if you ask nicely, the owner or manager will choose to help.

A non-legal point for the future: used tires save you very little over new ones. And they don't usually fall apart. Plus they have warranties.

Read more
Answered on 8/29/11, 9:47 am
Scott Riddle Law Office of Scott B. Riddle, LLC

"Never at any point when I initially purchased this tire did they tell me they would not stand behind and warranty it." When did they tell you, before the purchase, that they WOULD "stand behind" the tire, & provide a warranty that includes consequential damages in addition to the cost of the tire? Warranties (and contracts in general) are not based on what they did NOT tell you.

Read more
Answered on 8/29/11, 10:00 am
Ronald Arthur Lowry Ronald Arthur Lowry

The tire dealer should be responsible for consequential damages absent some sort of contractual limitation contained in the paperwork you signed when you bought the tire. There was an implied warrant for fitness when they sold you the tire. The dealer has accepted responsibility by replacing the subject tire. Sue the dealer in magistrate court. You can get a trial in about 60 days. Let this be a lesson to you, though. NEVER buy used tires, which fail at a much higher rate than new. You are lucky you were not killed or seriously injured.

Read more
Answered on 8/29/11, 1:43 pm


Related Questions & Answers

More Products Liability questions and answers in Georgia