You buy new tires at a local Boise area tire store. Later that day, one of those new tires blows out as you drive home on I-84 at 65 miles per hour. You take it back to the store to replace the tire since it's under warranty. Then, later that day, the new tire blew out again on I-84 at 65 miles per hour.
Clearly, this is no longer a coincidence. What actually happened was that the tire store installed this tire on a damaged rim that wasn't correctly sealed. That allowed air to escape the tire, and as the pressure escaped, the sharp rim cut the tire and sent you nearly crashing into the median.
At this point, you have every right to take legal action against the tire store, especially when that tire store doesn't want to take responsibility or even discuss the possibility of it being their fault.
In Idaho, a tire store can be held legally responsible if its actions or lack thereof lead to damage or injury. This includes situations where a store installs a tire that later experiences a blowout. It comes down to negligence and product liability.
Negligence implies that the store failed to exercise "reasonable care" during the installation. You would need to prove that the tire store had a duty to install the tire properly, that they didn't, and that led to the blowout.
Product liability could also come into play if the blowout was caused by a defective tire supplied by the tire store. Under Idaho law, if a product is found unreasonably dangerous and causes harm, the seller could be held liable for the resulting damages. Some factors might be the tire's condition when it left the store and any warranties the store provided.
It also needs to have happened within the statute of limitations. In Idaho, the statute of limitations for personal injury and property damage claims is typically two years from the incident.
If you can prove your case, Idaho law allows you to collect damages, including costs for medical treatment, repairs, and other losses. However, consult an attorney because the specifics of your case can easily change things, and we should not be considered a legal source.
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Gallery Credit: Michelle Heart