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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.


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