What is the difference between a tire failure and a tire defect?

The difference between a tire failure and a tire defect is fairly straightforward. Tire failure typically refers to a tire that has suddenly experienced a catastrophic failure while a tire defect refers to a tire that has had a pre-existing defect since its manufacture. In Louisiana, tire failure is legally addressed through the Tire Failure Law of 1996. Under the law, a tire failure is defined as “the sudden and unexpected loss of tire inflatable integrity, resulting in the destruction of the tire’s ability to be driven on or controlled, due to the failure of the tire structure or components.” In contrast, a tire defect is more general and is typically defined as any flaw in the design, structure, or construction of a tire that makes it unsafe or unsuitable for use. This includes flaws such as inadequate tread, irregular wear, poor workmanship, or any other condition that impairs the tire’s safety. The Tire Failure Law of 1996 was enacted to protect drivers against faulty tires, giving them the right to legal recourse should a tire failure occur. Under the law, manufacturers of faulty tires are held liable for any injuries or damage caused by a tire failure. The law also allows victims to seek compensation through a civil lawsuit for any medical bills or property damage resulting from the failure.

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