What action canI take if my tire flew off less then 24 hours of them being serviced?

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What action canI take if my tire flew off less then 24 hours of them being serviced?

Both my car and 2 others were damaged. All the shop would offer me is a new tire and rim. Can I go after them for damages?

Asked on October 31, 2010 under Accident Law, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You could sue the tire shop for negligence.  Negligence is based on the failure to exercise due care to prevent foreseeable harm.  Due care is that degree of care (in this case  that a reasonable tire service shop would have exercised under the same or similar circumstances to see to it that the tire was properly installed).  You would have to prove that the tire shop failed to exercise due care by improperly installing the tire.  The tire shop breached its duty of due care owed to you the customer.  You would have to prove that the breach of the duty of care was the actual and proximate cause of the vehicle damage.  Actual cause means but for the tire not being properly installed would it have come off and damaged the vehicle?  If the answer is no, the tire shop's failure to properly install the tire is the actual cause of the damage to the vehicle.  Proximate cause means were there any unforseeable intervening events which caused the tire to come off that would prevent the tire shop from being liable?  It appears that the answer is no because it was foreseeable that the tire would come off if not properly installed and therefore, the tire shop's failure to properly install the tire is the proximate cause of the damage to the vehicle.  Your damages would be the cost of repairs to your vehicle.  If you are found liable for the damage to the other vehicles due to your tire flying off, you could recover the amount of a judgment against you for damage to the other vehicles in your lawsuit against the tire shop.

In addition to your cause of action  (claim) for negligence, you may have an additional cause of action for breach of express warranty if there is an applicable warranty for the work that was done by the tire repair shop. 


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