Is the car dealer responsible ?

UPDATED: Sep 30, 2022

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Is the car dealer responsible ?

I brought a 1989 used jeep cherokee and
4 weeks after i bought it i had an
accident and it was caused by a tire
delaminated at 75mph the jeep rolled
over 3 times i got minor injurys but
there is damage on the tire from
before I brought the vehicle. The
vehicle is totaled

Asked on May 2, 2016 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the dealer damaged the tire, or if the damage was visible or perceivable, so they knew or should have known about the damage before selling it, they could be liable: they would be liable for their negligence in selling you a damaged tire when they caused the damage or should at least have known about it and therefore not sold that particular tire.
If they did not cause the damage and there was no reasonable way for them to know of the damage (e.g. the damage was between the layers of rubber, where it could not be detected), then they are probably not liable, since in that case, they did nothing wrong--they were not at fault. However, if there was a manufacturing or design defect in the tire, the manufacturer may well be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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