I have a legal question

[nsxlover]

I just took my new 1994 Ferrari 348 Spyder out for a spin and noticed that it needed air in the right rear tire. I stopped at a gas station with an air pump, it is the kind where you dial in the number of psi you want and it should automatically stop. The pump did not stop at the desired pressure and blew the tire, it ripped up the fender liner and scared the hell out of me as my head was right by the tire.

1. Should I ask the station owner to share in the liability or was it just my fault for not monitoring it?
2. How much psi does it take to actually blow out a tire?

Rob

 

[Aero]

I think you're gonna be out on this one. I'd check to see if there's any prior similar lawsuits for this same thing.

My guess would be the max inflation before a blowout would be about twice the maximum inflation pressure. Around 90 psi?

 

[NSXrunner]

Sorry I have no feedback here. But just want to say thats actually pretty fancy as I have never seen any stations here in California with air pumps like that. All the ones I have seen and used, you have to pump until you get the psi you want, some have gauges, some you bring your own. I guess the manual pumps out here free up the station and pump manufaturer from the liability that a malfuntion like this can cause.

 

[robr]

Is this some sort of new style pump? The only ones with the dial that I'm familiar with don't actually stop. They just ding as you put air in. When it stops dinging, you've reached the (ballpark of the) appropriate pressure. It works on the same principle as cooking microwave popcorn .

 

[nsxlover]

It is a newer sytle and this station just got it a few weeks ago. I think the problem with liability is that it is free. It is not a big deal for the tire, but I just got off the phone with Ferrari of Washington and the fender liner is $315, plus $200 for the tire and $100 for the tow. I guess it was partly my stupidity for trusting that machine, I will know better next time.

Rob

 

[JonBoy]

I'm pretty sure that a lawyer could get them to pay your repair costs. However, the lawyer would cost you more than the repairs.

Look at it this way - they're offering a free service to the public (free air). They are offering the APPEARANCE of a safety control/regulator in the distribution of that air.

The litmus test for liability in negligence is "what would a reasonable person assume in this situation?" and I think in this case, a reasonable person would assume that if it has a control dial on it, the control dial works and the air pressure is fully regulated.

Even if you paid for it, they'd still be liable. In fact, I'd say they're MORE negligent if you're paying for it since the price is a sort of "guarantee" of the service/product and their acceptance of the money from you is also an acknowledgement of their ownership and therefore, liability, for the air system.

 

[sahtt]

You have to go well beyond the max pressure for a tire to blow. You shouldn't even be filling up past 90% of the max regardless, so that means you most likely let it fill between 2-3 times your desired psi.

Every tire is slightly different and dry rotting tires are weaker [how old are your ferrari's tires?], but most car tires can go around twice the max psi before there is a serious risk of blowing the tire up.

I wouldn't bother with liability issues considering it looks like your ego is the most damaged thing, five hundred dollars for damage to a ferrari is very fortunate.

I am very particular about air pressures, especially on my motorcycles. At the local air pump I know exactly how many psi per second [3 psi per 2 seconds] is going in to the tire. Next time you are at a new pump and you need 10 psi, count in your head while you pump so your risk of underestimating the tire pressure is reduced.

I've used an air pump off the highway that is mostly used by 18-wheelers and got a staggering 2.5-3 psi per second. You do have to be careful.

 

[charleysung]

I just took my new 1994 Ferrari 348 Spyder out for a spin and noticed that it needed air in the right rear tire. I stopped at a gas station with an air pump, it is the kind where you dial in the number of psi you want and it should automatically stop. The pump did not stop at the desired pressure and blew the tire, it ripped up the fender liner and scared the hell out of me as my head was right by the tire.

1. Should I ask the station owner to share in the liability or was it just my fault for not monitoring it?
2. How much psi does it take to actually blow out a tire?

Rob

You are in luck.

http://www.courts.state.md.us/district/forms/civil/dccv01.pdf

Go to the link above and fill out the small claims complaint. Make sure to identify the district court for the district in which the gas station is located. Fill it out, attach all receipts and invoices for repair, write a description of what occurred in the space provided. Take that form to the gas station owner and inform him that you intend to file, and give him a chance to settle with you out of court. If not, go ahead a file. You have nothing to lose (except for some of your time).

 

[nsxlover]

I just bought the car 2 weeks ago so I am not sure how old the tires are. The tread looks to be new, but the car did not get driven much so there is no telling. I will probably just pay for the repairs myself and move on. I should have had a tire gauge with me anyway. It just sucks for it to happen to a new to me car.