August 31, 2000 - States Consider Lawsuits Over Allegedly Defective Firestone Tires
A number of the nation's attorneys general might file civil law suits against Firestone because Firestone is recalling tires in some parts of the country first. This possibility could add another layer of lawsuits to Firestone litigation.
On August 9, 2000, Firestone announced the recall of 6.5 million tires that have been reportedly linked to fatal accidents and announced that the treads on its 15-inch radial ATX, ATX II and Wilderness AT tires are prone to separating and peeling off. Most of the tires being recalled are on Ford Pickup Trucks and Explorer sport-utility vehicles.
Because of the massive number of tires that have to be replaced, some sates will have to wait longer than others to get new tires. Firestone determined who would get new tires first and many states are unhappy with Firestone's priority ranking.
For example, South Carolina filed an action against Firestone in Columbia state court, alleging unfair trade practices because it is ranked behind several other states to receive replacement tires.
New Mexico Attorney General Patricia A. Madrid notified Firestone on Monday that the state is considering a law suit because "Heat, rural conditions and long distances of New Mexico's roads require New Mexico be made a priority in the recall and because more replacement tires must be provided to New Mexico tire dealers immediately." Other states Attorneys General are also considering filing complaints against Firestone alleging violation of state consumer-protection laws.
Connecticut Attorney General Richard Blumenthal said that they are "very serious about potential legal action," and added that "Any kind of deceptive or misleading practice, which clearly would cover some of the claims regarding defective tires, could give rise to state action seeking damages, compensatory damages, punitive damages and penalties. So there could be very big dollar exposure. We're engaged in very active discussions and consideration in combination with other states."
Susan Krusel, a spokeswoman for Ford, said the company was cooperating with the Florida investigation but couldn't comment on possible lawsuits elsewhere without knowing the allegations. "Certainly there's nothing to suggest that Ford knew of this problem prior to this recent attention," said Ms. Krusel. She added that she didn't believe there were legal grounds for any legal actions.
The recall might also result in a class action settlement on behalf of millions of Firestone tire consumers most of whom seek money to replace the recalled tires or repair or refund repairs for their damaged vehicles. The class-action lawyers said Firestone's recall and tire replacement policies didn't go far enough to compensate consumers for the damage and inconvenience they have suffered.
"When these tires fail, they beat up the fenders and undercarriages of the cars. People may not be injured, but the car is dinged up," said plaintiffs' lawyer David Showalter, who filed a lawsuit asking for class-action status in a Houston federal court against Firestone. "People have to spend time and money getting these tires replaced, and worrying about them in the meantime. The recall doesn't even seek to address those kinds of damages."
Plaintiff's lawyers estimated that so far about 20 to 50 civil actions have been filed all of which seek a class-action status against Firestone.
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