How the Tire Recall Process Works

The tire recall process in the United States is governed by the National Traffic and Motor Vehicle Safety Act (49 U.S.C. § 30101 et seq.) and administered by the National Highway Traffic Safety Administration (NHTSA). When a tire defect is identified that poses an unreasonable risk to motor vehicle safety, the process typically unfolds in one of two ways:

Manufacturer-Initiated Recalls

Under 49 U.S.C. § 30118, tire manufacturers are legally required to notify NHTSA when they determine that a tire contains a safety-related defect or fails to comply with a Federal Motor Vehicle Safety Standard (FMVSS). Once the manufacturer identifies the defect, they must:

• Notify NHTSA within five business days of determining a defect exists
• Provide written notification to all registered owners, purchasers, and dealers
• Offer a free remedy — either replacement or refund — within 60 days of notification
• Submit quarterly reports to NHTSA on the progress of the recall

NHTSA-Initiated Recalls

When NHTSA receives a sufficient number of consumer complaints or identifies a pattern of failures through its Early Warning Reporting (EWR) system, the agency may open an investigation. If the investigation confirms a safety defect, NHTSA can order a mandatory recall under 49 U.S.C. § 30120.

The reality is that many tire defects go undetected for years before a recall is issued. During that period, consumers are unknowingly driving on dangerous tires — and the injuries that result are entirely preventable.

Georgia Product Liability Law and Tire Recalls

Georgia’s product liability framework is codified primarily in O.C.G.A. § 51-1-11, which establishes liability for manufacturers and sellers of defective products. Under Georgia law, there are three theories of liability that apply to tire recall cases:

1. Manufacturing Defect

A manufacturing defect occurs when a specific tire deviates from the manufacturer’s intended design during production. Common manufacturing defects in tires include:

• Improper vulcanization of rubber compounds
• Inadequate bonding between tread and belt layers
• Foreign material contamination during production
• Insufficient curing time or temperature

2. Design Defect

A design defect exists when the tire’s entire product line is inherently dangerous due to a flaw in the design itself. Under Georgia law, the plaintiff must show that the design was defective and that a reasonable alternative design existed that would have reduced the risk of harm. Examples include:

• Inadequate tread depth specifications
• Insufficient nylon cap ply protection against tread separation
• Deficient sidewall reinforcement

3. Failure to Warn

Even when a tire is properly manufactured and designed, the manufacturer may be liable if it fails to provide adequate warnings about the tire’s limitations. Under O.C.G.A. § 51-1-11(b)(2), this includes failure to warn about:

• Load capacity limitations
• Speed rating restrictions
• Proper inflation pressures
• Known risks of tread separation under certain conditions

Who Is Liable When a Recalled Tire Causes an Accident?

Liability in tire recall cases can extend across the entire supply chain. Under Georgia’s product liability law, every entity in the chain of distribution may bear responsibility:

Tire Manufacturer

The manufacturer bears primary liability for defective tires. Major tire manufacturers like Firestone, Goodyear, Michelin, and Hankook have all faced recall-related lawsuits. The manufacturer’s liability arises from:

• Creating or distributing a defective product
• Failing to issue a timely recall after learning of the defect
• Inadequate quality control during production
• Failing to monitor post-sale safety data

Tire Retailers and Installers

Under O.C.G.A. § 51-1-11.1, retailers and installers may face liability if they:

• Sold or installed a tire they knew or should have known was subject to recall
• Failed to check NHTSA recall databases before selling a tire
• Improperly installed a tire, contributing to failure
• Failed to register the tire with the manufacturer (preventing recall notification)

Vehicle Manufacturers

When a vehicle comes equipped with tires from the factory, the vehicle manufacturer may share liability if it selected or approved a tire with a known defect, or if the vehicle’s design (e.g., weight distribution, suspension geometry) contributed to the tire failure.

Distributors

Wholesale distributors who continued to supply recalled tires to retailers may face liability under both product liability and negligence theories.

The Role of NHTSA in Tire Safety

NHTSA plays a critical regulatory role in tire safety through several mechanisms:

Federal Motor Vehicle Safety Standards

FMVSS 139 establishes minimum performance requirements for new pneumatic tires, including endurance, high-speed performance, and strength testing. FMVSS 110 sets tire selection and rim requirements for vehicles. These standards form the baseline — but meeting them does not immunize a manufacturer from liability if the tire is otherwise defective.

The TREAD Act

Following the catastrophic Ford Explorer/Firestone tire failures that killed over 270 people, Congress passed the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000. The TREAD Act:

• Requires manufacturers to report defect claims, property damage claims, and warranty data to NHTSA
• Mandates tire pressure monitoring systems (TPMS) in all new vehicles
• Imposes criminal penalties for knowingly withholding safety defect information
• Requires tire identification numbers for improved tracking

Recall Completion Rates

One of the most alarming aspects of tire recalls is the historically low completion rate. According to NHTSA data, tire recall completion rates average only 20-30%, meaning the vast majority of recalled tires remain in service. This is largely because tire registration systems are inadequate, and many consumers never receive recall notifications.

Failure to Recall: When Manufacturers Delay

Some of the most devastating tire-related injuries occur not because of the defect itself, but because manufacturers delay issuing recalls even after they know about the problem. Under Georgia law, this conduct may support claims for punitive damages under O.C.G.A. § 51-12-5.1.

To recover punitive damages, the plaintiff must demonstrate by clear and convincing evidence that the manufacturer acted with:

• Willful misconduct — knowing the defect existed and consciously disregarding the risk
• Malice — intentionally concealing the defect to avoid financial costs of a recall
• Wantonness — an entire lack of care indicating conscious indifference to consequences
• Fraud — affirmatively misrepresenting the safety of the tire

Evidence that a manufacturer knew about a defect but delayed a recall to protect profits is powerful evidence supporting punitive damages. Internal emails, engineering reports, warranty claim data, and testing records can all demonstrate knowledge of the defect.

Proving Your Tire Recall Liability Case

Successfully prosecuting a tire recall liability case in Georgia requires establishing several key elements:

Preserving Physical Evidence

The most critical piece of evidence in any tire defect case is the tire itself. After an accident involving a suspected tire failure:

• Preserve the tire and all its fragments in their post-accident condition
• Do not allow the tire to be repaired, disposed of, or returned to the manufacturer
• Photograph the tire from multiple angles, including the DOT number, tread condition, sidewall markings, and any visible defects
• Preserve the vehicle and its tire pressure monitoring system data

Expert Analysis

Tire defect cases invariably require expert testimony from tire engineers and failure analysts. These experts can perform detailed examinations to determine whether the tire failed due to a manufacturing defect, design defect, or external cause (e.g., road hazard, underinflation). Common analyses include:

• Cross-sectional examination of tread-belt separation
• Rubber compound testing for proper formulation
• Adhesion testing of belt layers
• Comparison with exemplar tires from the same production run

Recall Documentation

In cases involving recalled tires, obtaining the full recall file from NHTSA is essential. This includes the defect information report, the manufacturer’s remedy plan, and the recall completion data. This documentation can establish that the manufacturer knew about the defect and the scope of the danger.

Damages Available in Georgia Tire Recall Cases

Victims of recalled tire accidents in Georgia may recover:

Compensatory Damages

• Medical expenses — past and future, including surgeries, rehabilitation, and ongoing care
• Lost wages and earning capacity — income lost due to injury and diminished future earning ability
• Pain and suffering — physical pain, emotional distress, and loss of enjoyment of life
• Property damage — vehicle repair or replacement costs
• Loss of consortium — impact on spousal and family relationships

Punitive Damages

Under O.C.G.A. § 51-12-5.1, punitive damages may be awarded to punish the manufacturer and deter similar conduct. In product liability cases, Georgia law caps punitive damages at $250,000 unless the manufacturer acted with specific intent to cause harm, in which case there is no cap. 75% of punitive damages in product liability cases are paid to the State of Georgia.

Wrongful Death

If a tire defect causes a fatality, Georgia’s wrongful death statute (O.C.G.A. § 51-4-1) allows the surviving spouse or next of kin to recover the full value of the decedent’s life, including both economic and intangible components.

Statute of Limitations for Tire Defect Claims

Under O.C.G.A. § 9-3-33, personal injury claims in Georgia must be filed within two years from the date of injury. For wrongful death claims, the statute is also two years from the date of death.

Georgia also has a statute of repose for product liability cases under O.C.G.A. § 51-1-11(b)(2), which generally bars claims brought more than 10 years after the date of first sale of the product. This is critical in tire cases because tires may remain in service for many years before a defect manifests.

Do not delay. Evidence deteriorates, witnesses become unavailable, and the statute of limitations is an absolute bar to recovery.

What to Do If You Were Injured by a Recalled Tire

1. Seek immediate medical attention — Your health comes first. Document all injuries and treatment.
2. Preserve the tire — This is the single most important piece of evidence. Store it in a safe, dry location and do not let anyone dispose of it.
3. Document everything — Photograph the accident scene, the tire, the vehicle, and your injuries. Obtain the police report.
4. Check the NHTSA recall database — Visit nhtsa.gov/recalls or call 1-888-327-4236 to check if your tire has been recalled.
5. Record the tire’s DOT number — The DOT identification number on the sidewall identifies the manufacturer, plant, tire size, and production date.
6. Contact an experienced tire defect attorney — These cases require specialized knowledge of tire engineering, federal regulations, and product liability law.

Frequently Asked Questions About Tire Recall Liability