Defective Product
Are Retread Tires Legal in California—And Can You Trust Them?
| November 10th, 2023
Originally published June 8, 2020.
The cost of replacing broken or worn-out car parts can place a burden on many vehicle owners’ wallets. To reduce those costs, some vehicle owners turn to used or refurbished parts. Though some vehicle parts are more likely to be reused than others, many consumers still balk at the idea of purchasing used—also called retread or recapped—tires.
Consumer reluctance to buy used tires is understandable. For years, retread tires had a reputation as being unreliable, if not downright dangerous. Although tire manufacturing has advanced significantly in recent years, making used tires more capable of performing like new tires, the question remains: should consumers still approach recapped tires with skepticism?
Before we look at the current state of retread tires in the marketplace, let’s address a commonly asked question by vehicle owners in California: are retread tires legal to purchase or install on your vehicle?
ARE RETREAD TIRES LEGAL IN CALIFORNIA?
Retread tires must have a tread pattern that complies with Section 27465 of the Vehicle Code. They can’t be used on the front wheels of a bus or farm labor vehicle. They also can’t be used on the front wheels of semi-truck tractors or motortrucks unless they meet the requirements of the state. For passenger vehicles, retread tires are allowed.
WHAT DOES THE STATE GOVERNMENT SAY ABOUT RETREAD TIRES?
California doesn’t just condone the use of retread tires; they encourage them, especially because they offer environmental benefits. Retreading a tire requires fewer raw materials than manufacturing a new one. A retread tire is also one less tire that needs to be thrown away. California’s Department of Resources Recycling and Recovery says that retread tires are commonly used on:
- Commercial and military jets
- Delivery and postal service vehicles
- Fire engines
- Taxis
- Race cars
- Some types of commercial vehicles
SHOULD YOU TRUST RETREAD TIRES?
So, the Department of Resources Recycling and Recovery sings the praises of retread tires, and they’re legal for use on many vehicles in our state—what does that mean for consumers? Should you feel comfortable buying a retread tire instead of a new one? Before you become a retread tire devotee, it’s important to understand that not all retread tires are created equally.
If a tire is retread properly, it is generally safe. However, the quality of a retread tire depends on the person or business performing the retread. Simply put, when it comes to recapped tires, it’s very much a buyer beware situation. If you’re considering buying recapped tires, do your research on the vendor performing the retread to make sure they are trustworthy.
IT’S OKAY TO HAVE RESERVATIONS ABOUT RETREAD TIRES
If you still count yourself among consumers who greet the idea of buying recapped tires with skepticism, that’s okay. The sordid history of these tires, along with anecdotes of vehicle accidents caused by retread tire blowouts, should give any tire buyer pause. You might even be concerned about the safety of retread tires on other vehicles, and we share your concerns.
Retread tires are a frequently discussed topic among commercial trucking companies. Many of these companies have fleets upon fleets of vehicles, and that means they need a large number of tires to place on their trucks. To reduce maintenance costs of fleets, trucking companies look to solutions like retread tires. As we’ve mentioned, retread tires aren’t inherently dangerous if they’re retread properly, but if an 18-wheeler is equipped with dangerous tires, it places many motorists at risk for a crash.
WHAT ARE THE SIGNS OF AN UNSAFE USED TIRE?
If you’re in the market for retread tires, learn how to identify the ones that are safe and those that could put you at risk. Section 9889.30 of the Business and Professions code provides a helpful outline of what constitutes an “unsafe used tire.” Some of the warning signs include:
- Tread Depth Below 2/32 Inch: The tread on your tire should never fall below 2/32 inch. To test this, insert a penny upside-down into the tread groove—if you can see all of Lincoln’s head, the tread is too shallow and the tire is not safe.
- Uneven Tread Wear: Patterns of uneven wear, such as high and low areas or particularly smooth sections, can lead to a potentially unsafe driving experience.
- Visible Internal Components: If you can see the internal components of the tire, such as the cords or steel belts, the tire is definitely unsafe.
- Damage in Critical Areas: Check for cuts, cracks, bulges, or bubbles, especially in the tread shoulder, belt edge area, sidewall, or bead area. These blemishes could suggest structural damage that could lead to tire failure.
- Patches or Repairs: While minor repairs aren’t necessarily a deal-breaker, avoid tires with patches or repairs close to the tread shoulder, belt edge area, sidewall, or bead area.
In addition, if you test the tire and notice unusual vibrations or bumps while driving, this could be a sign that the tire is internally damaged or not properly balanced. Remember, tires are the only point of contact between your vehicle and the road, so you should never feel uncertain about their condition and performance.
CHOOSE A QUALITY RETREAD SHOP
Choose a safe tire retreading and repair shop to ensure your retreaded tires will be reliable and roadworthy. Here are key factors to consider when selecting a retread shop.
- Adherence to Industry Standards: A trustworthy retread shop should comply with the standards set by organizations such as the Retread Tire Association (RTA), the Tire Industry Association (TIA), or the Tire Retread & Repair Information Bureau (TRIB). Certification or memberships with these organizations indicate that the shop follows best practices for tire retreading.
- Reputation and Reviews: Established retread shops that have been in business for several years are more likely to have refined their processes and customer service. Check out the history of the shop, search online reviews, and ask for customer testimonials.
- Process and Safety Checks: Inquire about and observe the shop’s operations if possible. A visit to the facility can provide insights into the level of professionalism maintained, and the staff should be knowledgeable and willing to discuss their inspection process and warranty offerings.
IF RETREAD TIRES CAUSE A CRASH, WHO CAN BE HELD LIABLE?
Crashes stemming from retread tires typically involve blowouts. Determining liability in these types of crashes can be complicated. In some cases, the company that retread the tire could be held responsible. If the tire wasn’t properly maintained by its owner, they might also bear responsibility.
So, if you buy a retread tire, make sure that the vendor is reputable and that you maintain the tire in accordance with instruction from the vendor or manufacturer. If, on the other hand, you are injured in a crash where another driver’s tire blows out, keep in mind that you deserve compensation for the costs you face.
IF YOU NEED LEGAL HELP, CONTACT BERG INJURY LAWYERS TODAY
For nearly 40 years, we’ve helped thousands of people across Northern California get the compensation they deserve from insurance companies. We represent clients who are badly injured in vehicle accidents, including motorcycle, passenger car, and commercial vehicle accidents. If you or a loved one has been involved in a crash and you need an experienced legal advocate on your side, contact the California auto accident attorneys at Berg Injury Lawyers. Our consultations are always free, and we’ll charge no fee unless we win you compensation.
California’s Court of Appeals Amazon Product Liability Decision: Latest News
| August 23rd, 2021
The recent decision by California’s Court of Appeals regarding Amazon’s product liability in defective products sold by third parties on its platform may have profound repercussions not just for Amazon but for operators of all e-commerce sites.
The April 26, 2021, decision in Loomis v. Amazon.com LLC went against Amazon in a development likely to open doors to more lawsuits and redefine industry norms. Amazon and others may now be held liable for injuries sustained due to defective products sold on their platforms in the state of California.
What Was the Case About?
Loomis v. Amazon.com LLC was a lawsuit brought by plaintiff Kisha Loomis against Amazon for injuries sustained while using a defective hoverboard. The hoverboard was purchased from a third-party seller, TurnUpUP (a username employed by a Chinese company, SMILETO), through Amazon’s website.
Plugged in, the hoverboard caused a fire in which Loomis sustained injuries to her hand and foot. California’s Court of Appeals was charged with deciding whether strict liability could be attributed to Amazon for Loomis’ injuries.
In its defense, Amazon argued that it was not liable for Loomis’s injuries because it was only a service provider and not the seller or manufacturer and therefore wasn’t subject to strict product liability.
The Decision
The Court leaned on Bolger v. Amazon LLC, a 2020 decision by the California Court of Appeals. The Court found Amazon liable for the cost of injuries arising from defective products because it was an integral part of the overall supply chain.
Consequently, the Court found that Amazon played a role in ensuring product safety according to its own Business Solutions Agreement (BSA), making it a direct link in the vertical chain of distribution. Because Amazon was pivotal in supplying the hoverboard to Loomis, it played a role in ensuring product safety and could therefore be held strictly liable under California’s strict liability doctrine for Loomis’s injuries.
What’s Happening Now
Amazon is now considering whether to appeal the case at the California Supreme Court. While the high court passed on taking up the Bolger v. Amazon case, it may be more likely to consider Loomis v. Amazon LLC, given its broader ramifications for Amazon and other e-commerce sites. Meanwhile, a bill to govern online marketplace liability has been reintroduced in the California Legislature.
Elsewhere, a similar suit in Texas seeking to hold Amazon liable for a toddler’s injury was struck down by the Texas Supreme Court in a 5-2 opinion on June 25, 2021, finding that Amazon was not a seller in the matter. Nevertheless, Amazon is likely to be held increasingly liable in the wake of the California decision.
If you have been injured by a defective product purchased from a third party on Amazon in the San Francisco area, contact Berg Injury Lawyers for a complimentary consultation. We provide support in San Francisco product liability law cases.
What it Means
Courts are becoming increasingly willing to entertain the notion that Amazon shares responsibility for defective products purchased from its platform and sold by third-party companies. This is despite the company having often successfully used the argument in the past that it is not the seller or manufacturer, and therefore cannot take proactive responsibility for the safety of products.
This era of lacking accountability appears to be coming to an end. If other courts begin adopting the stance taken in Loomis v. Amazon LLC, as seems likely, this may extend to other e-commerce platforms as well. Courts may hold several parties along the distribution chain strictly liable for negligence in injuries caused by defective products.
This has the potential to upend long-existing e-commerce norms and ways of doing business. It also has serious ramifications for victims of injuries sustained by products purchased on online platforms. They are being made increasingly aware of their right to seek compensation and hold companies like Amazon liable.
Berg Injury, Product Liability Attorneys
The product liability attorneys at Berg Injury Lawyers believe that it’s not your responsibility to pay for the negligence of manufacturers, sellers, or service providers such as Amazon.
The products we all use daily are supposed to make our lives easier, not harder. When products are imperfectly or poorly designed and have not been submitted to safety checks by all the entities responsible in the supply chain, it can lead to you or a family member suffering a severe injury. This can lead to even more trauma if you are faced with medical bills you cannot pay.
We’ve been working with San Francisco product liability law cases since 1981 and will fight to ensure you obtain the compensation you’re entitled to. If you have been the victim of injuries caused by a defective product purchased on an online platform, schedule a free consultation with us today to learn how we can help you. Contact us today.
What You Need to Know About the New Takata Airbag Recall
| March 9th, 2020
If you visit a car lot this year, you’ll notice that vehicles at all price points are loaded with safety features that were either reserved for high-end luxury vehicles or simply not possible just a decade or two ago. Bells and whistles such as lane departure warnings, blind spot indicators, stability control, collision avoidance systems, and backup cameras are commonplace or even mandatory on new models, making vehicles safer than ever. However, when it comes to protecting occupants during crashes, nothing is more effective than the tried and true seat belt and airbag. But what happens when one of those safety devices is defective and potentially dangerous? That’s exactly what happened to millions of vehicles manufactured since 2003. In November 2014, the National Highway Traffic Safety Administration (NHTSA) demanded that Takata Corporation recall its defective airbags that were equipped in millions of cars, trucks, and SUVs made by manufacturers ranging from Ford and Toyota to GM and Honda. The recall continued to expand for years after it was announced, making it the largest consumer product recall in history. In December 2019, Takata was forced to recall yet another airbag component. Like the first recalled airbag, this one is capable of exploding during collisions, but it can also under-inflate, rendering it less effective at protecting occupants. All told, between 65 and 70 million vehicles are part of the recall, putting countless Americans at risk of serious injuries and even death.Use These Websites to Find Out if Your Vehicle Is Affected
Everyone who owns an affected vehicle was supposed to receive a notification from its manufacturer informing them of the recall and instructing them on what to do next. However, some people didn’t receive the notifications, misplaced them, or simply forgot about them. If you’re unsure whether your vehicle is equipped with defective and recalled airbags, visit the following websites and enter your Vehicle Identification Number (VIN) to quickly find out:- NHTSA’s Safercar.gov website
- NHTSA’s website
What Should You Do if Your Vehicle’s Airbags Are Recalled?
The overall risk of your vehicle’s airbags exploding or under-inflating during an accident are low. However, any level of risk above zero is unacceptable, and that’s why the airbags are being recalled. If your vehicle is affected by the recall, schedule a replacement as soon as possible at your local dealership. Because of the dangers posed to drivers and passengers in these vehicles, dealerships are offering free replacements. If you own a 2006 Ford Ranger or 2006 Mazda B-series pickup truck, the manufacturers recommend that you don’t drive them unless absolutely necessary or if you’re taking them to have their airbags replaced. These vehicles are known for posing higher airbag explosion or malfunction risks than other vehicles and should be kept off the road until they’ve been serviced.Let Us Help You Get Paid After a Defective Airbag Injury
Defective, exploding, and under-inflating airbags have already injured or killed dozens of Americans. If you or someone you love was hurt by a recalled airbag, you deserve compensation for your medical bills, lost wages, and pain and suffering. The California defective product attorneys at Berg Injury Lawyers have protected the rights of people who were hurt by a variety of dangerous products, including medical devices, household items, and vehicular components. We know what it takes to win, and we don’t settle for less than what our clients deserve. It’s our goal to help you get maximum compensation so you can move forward with your life. Contact us today for a free consultation. We’re ready to put our experience to work for you.Hurt by a Defective Product? We Want to Help.
| November 4th, 2019
Whether it’s a medical device that was surgically implanted into your body, or a consumer product you purchased at the supermarket, you expect items manufactured by big corporations to be safe and thoroughly tested before going on sale for use by the public. However, that’s not always the case. To protect their profits and their sales, some product manufacturers have lax testing procedures, or they hide known flaws to get or keep their products on the market. At Berg Injury Lawyers, our California defective product attorneys know that some products can be dangerous to the people who use them—especially when they aren’t properly tested. Defective products can range from toys contaminated with lead to exploding e-cigarettes to improperly designed medical implants and joint replacements that break down inside the body. If you or someone you love suffered serious injuries because of a defective product, it’s important to get an experienced law firm on your side as soon as possible. Product manufacturers are reluctant to admit fault when their products cause harm to innocent people, and they often have big legal teams to intimidate victims into silence. But our lawyers know their tricks, and we know how to beat them at their own game. You shouldn’t have to suffer because a multi-billion-dollar corporation valued profits over safety. Instead, you should get paid for your medical bills, lost wages, and pain and suffering—and it’s our goal to help you get the compensation you deserve. Contact us today for a free consultation.Roundup® Ruled “Substantial Factor” in Man’s Cancer Diagnosis
| May 29th, 2019
In March 2019, a California federal jury ruled that exposure to Roundup® weed killer caused a Sonoma County man’s diagnosis of non-Hodgkin lymphoma. This is the first of three bellwether trials that could set the standard for future Roundup cancer cases and open the door for other victims to get compensation. In San Francisco alone, there are already more than 750 Roundup cases underway. This is the second ruling in the U.S. within the last year linking glyphosate, Roundup’s active ingredient, to non-Hodgkin lymphoma. In August 2018, a former school groundskeeper was awarded $289 million—later reduced to $78.5 million—in a lawsuit against Roundup’s manufacturer, Monsanto Company.How Are People Exposed to Roundup®?
Exposure to glyphosate can happen in the following ways:- Breathing in airborne particles after spraying the product
- Absorbing the product through the skin after touching treated plants and weeds
- Drinking contaminated water that was exposed to the product
- Eating food grown in contaminated soil
3 Types of Product Liability
| March 7th, 2019
Before releasing new products or medical devices to the marketplace, manufacturers should conduct proper testing to ensure their products are safe and warn the public about any potential risks their products might pose. However, some big manufacturing companies put their own profits above safety. That means they often skip out on important testing phases or withhold their products’ potential safety risks in an effort to increase production times and put money in their pockets sooner. At Berg Injury Lawyers, we’re not afraid to go up against big manufacturing companies when their negligence causes harm to innocent people. When victims come to us after a defective product injury, our California defective product attorneys do everything in their power to help victims get maximum compensation for their injuries. Three factors we investigate during a product liability lawsuit include:- Design defects—Even if a product is used as the manufacturer intended, poor design can lead to injury.
- Manufacturing defects—Product injuries may result from cheap materials, missing components, poor craftsmanship, and inadequate testing.
- Failure to warn or provide instructions—Companies that fail to provide adequate warning labels and instructions for use can be held liable when their products cause injuries.
California Product Liability Attorneys
If you or your loved one suffered injuries because of a defective product in California, the attorneys at Berg Injury Lawyers want to help. It’s our goal to hold manufacturing companies accountable when their carelessness puts innocent people at risk, and we’re ready to fight for your rights. Contact us today for a free case review.Hearing Loss After Military Service? Defective 3M Earplugs May Be to Blame.
| March 4th, 2019
If you served in a combat role in the U.S. military between 2003 and 2015 and experienced hearing loss or hearing problems, it may be due to defective earplugs you were issued during your service. In 2018, the U.S. government alleged that 3M Company failed to disclose that its dual-ended Combat Arms Earplugs, Version 2, were defective and incapable of properly protecting users from combat-related sounds. 3M agreed to pay the U.S. government $9.1 million to resolve those allegations. However, the company is now facing hundreds of lawsuits from veterans who suffered hearing loss or hearing problems. The dual-ended earplugs featured a yellow-colored end and an olive-colored end. The yellow-colored end was designed to significantly reduce combat-related sounds, while still allowing users to hear commands spoken by friendly soldiers and the advancement of enemy troops. The olive-colored end was supposed to block all sounds like traditional earplugs. However, the earplugs were too short to be properly inserted into some user’s ears, causing them to loosen or fail to form a proper seal. 3M was aware of this defect as far back as 2000, but the company continued to supply them to the U.S. military, putting millions of veterans in danger of suffering severe ear and hearing-related damage. If you or someone you love suffered hearing loss, tinnitus, or other ear-related problems after serving in the U.S. military between 2003 and 2015, the California defective product attorneys at Berg Injury Lawyers want to speak with you. Contact us today for a free consultation.Negligent Companies Can Be Held Liable for Their Defective Products
| October 15th, 2018
When companies release new products to the consumer, industrial, or medical markets, they’re supposed to make sure they’re safe and don’t pose any significant dangers. But in an effort to rush products to market and to maximize profits, some companies skip important testing phases or even lie about potential risks their products can pose to the people who use them. At Berg Injury Lawyers, our California defective product attorneys hold negligent and careless companies responsible for the damages their products cause to innocent people. If you or someone you love were hurt by a product, you may be eligible to receive compensation for your medical bills, lost wages, pain and suffering, and more. We handle a wide variety of defective product claims, ranging from dangerous vehicles and cribs to exploding e-cigarettes and potentially life-threatening medical devices. No matter what type of product caused you or your loved one to suffer a serious injury or health-related complication, we’re ready to collect evidence that proves the manufacturer failed to do its due diligence. In addition, we know how to calculate exactly how much your defective product injury will cost you—both now and in the future. Getting a settlement for your current medical bills and lost wages isn’t enough when you may need additional treatments and have no idea when you’ll be able to return to work. Get in touch with our law firm today to find out how we may be able to put our experience to work for your family. Call now for a free consultation.2 Steps to Take After a Defective Product Injury
| June 11th, 2018
With the number of governmental agencies regulating products and safety standards that product manufacturers must follow before releasing goods to the general public, most people assume that the items they buy are safe to use. While that’s true for most products, a large number of potentially dangerous products slip through the cracks each year and pose serious risks to the people who buy them and anyone who uses them. In addition to several medical devices, including joint replacements, birth control implants, and heart-related devices, ordinary consumer products can also be dangerous. A few examples include e-cigarettes and their potential to cause explosions and burns and weed killers and their potential to cause illnesses and even cancer. If you or someone you love get hurt by a defective product, you can help protect your rights by taking the following steps:- Get medical attention. Many defective product injuries can cause serious complications, while others can be potentially life-threatening. Getting evaluated by a healthcare professional can help stabilize your health, rule out dangerous complications, and get you on the path to recovery. It will also create valuable evidence for your claim that links your health problems to your use of the product in question.
- Get a California defective product lawyer. Without a lawyer on your side, you may be on your own when it comes to paying for expensive medical bills and incurring significant income losses that often occur after defective product injuries. It’s our goal to help you get the compensation you deserve for what you’ve been through.
Did Your Joint Replacement Fail? You May Be Eligible for Compensation.
| February 12th, 2018
Whether due to accidents, diseases, or age-related conditions, some people’s joints are prone to wearing out and failing over time. When joints no longer work properly, the symptoms can be debilitating and disabling. Victims often experience severe pain and may even lose mobility. Thankfully, people whose joints have worn out can get artificial replacement joints, which are surgically inserted into their bodies and designed to provide the same range of motion as real joints. However, there’s always a significant chance of complications when foreign objects are implanted inside people’s bodies—and the risks increase when those foreign objects are poorly designed, use inferior materials, or are prone to failure. At Berg Injury Lawyers, our California defective product lawyers know that joint replacements—especially for hip and knee patients—can bring immense relief, but they’re also capable of causing serious pain and lost mobility. If you or someone you love were hurt by a joint replacement, you may be eligible for compensation for:- Medical bills – When joint replacements fail, patients must undergo extensive medical treatment such as revision surgeries and physical rehabilitation—all of which can be extremely expensive.
- Lost wages – Many patients have joint replacement surgery with the belief that they’ll be able to return to work soon. But when hip or knee replacements fail, they may be left in even more pain and with less mobility than before, putting them out of work indefinitely.
