Legal Question in Personal Injury in Ohio
Wrongful death
My sister died in a car accident involving a retreaded tire on the highway. Are companies allowed to use retreaded tires, are their any regulations? State laws?
1 Answer from Attorneys
Re: Wrongful death
First, let me say how sorry I am about your tragic loss. I reviewed the law, because I found your question an interesting one. There are regulations prohibiting certain types of retread tires on large trucks (Tractor Trailers), but there are not any regulations prohibiting retreads per se on a car. There is a recent court case from Ohio on your issue from 1993 in which the Court held that the dangers involved in overloading, underinflating and traveling at excessive speed are generally known to tire users and a manufacturer of retreaded tires is not required to foresee and warn of dangers arising from the consumer's abuse or misuse of its product. However, this does not mean that the tire retreader can negligently retread the tires.
The case is Sapp v. Stoney Ridge Truck Tire, 86 OApp3d 85, 619 NE2d 1172.
I would be happy to look at your fact situation and give you an opinion on the likely success of a lawsuit. However, you must act within the statute of limitations if you intend to bring a lawsuit or you will be forever barred from bringing a lawsuit. My name is John Phillips, and I can be reached at 1-888-883-2600