Power King Towmax Trailer Tires are Defective, Class Action Claims

Three plaintiffs claim Power King Towmax STR trailer tires have a tread separation problem that renders them unsuitable for their intended use.

Plaintiffs Julie Hamilton, Jerad Hamilton and Lyle McLean claim that Power King Towmax STR trailer tires are simply not durable enough to be used for their intended purpose.

They accuse defendants TBC Corporation and Dynamic Tire Corporation of marketing a defective and dangerous product and of failing to disclose those defects to consumers.

The tires at issue are designed for use on travel trailers and “fifth-wheel” trailers – camping trailers designed to be hitched to a pickup truck.

According to this Power King Towmax STR class action lawsuit, the tires in question are manufactured in China. But defendants allegedly fail to disclose that fact in any of their advertising, labeling or product information for these tires.

Instead, the defendants promote Power King Towmax STR tires as more durable than they actually are, according to the plaintiffs. The defendants’ promotions hold out these tires as “the standard in premium trailer tires,” and they assure consumers that the tires are specifically designed for “long-lasting and dependable performance.”

“[I]n contrast to Defendants’ representations that the Class Tires are ‘long-lasting’ and ‘dependable,’ the Class Tires are dangerous and defective and inexplicably fail under normal operating conditions,” the plaintiffs say.

“Defendants failed to disclose to Plaintiffs, Class Members and the public that the Class Tires have a high rate of failure, including tread separation. The failures of the Class Tires regularly occur on highways, often at high speed and near other vehicles, posing serious risks of harm to individuals, as well as property damage.”

Because of these defects, Power King Towmax STR tires don’t perform to the standards that consumers can reasonably expect, the plaintiffs say. Were it not for the defendants’ failure to disclose the alleged defects, they claim, neither they nor any of the proposed Class Members would have purchased these tires.

The Hamilton plaintiffs say that in April 2016, a Power King Towmax STR tire on their trailer failed due to tread separation while they were driving on a California Interstate.

McLean, an Arizona resident, says he had to deal with two separate instances of tread separation in 2016, one in March and the other the next October.

The plaintiffs propose a nationwide Class consisting of all persons in the U.S. who purchased a Power King Towmax STR trailer tire. They also propose two subclasses that would represent Class Members from the plaintiffs’ home states of California and Arizona.

They are asking the court to order the defendants to buy back or replace the tires at issue and to stop any further allegedly deceptive distribution, marketing and sales practices with respect to these tires. They also seek an award of damages, restitution, and disgorgement of related revenues, plus an award of attorneys’ fees and costs of litigation.

The plaintiffs are represented by attorneys Dan C. Bolton, Daniel L. Keller and Stephen M. Fishback of Keller Fishback & Jackson LLP.

The Power King Towmax STR Defective Tire Class Action Lawsuit is Julie Hamilton, et al. v. TBC Corp., et al., Case No. 2:17-cv-01060, in the U.S. District Court for the Central District of California.

UPDATE: On Aug. 24, 2018, plaintiffs in a Power King Towmax STR defective tires class action lawsuit successfully argued to certify a Class of drivers in Florida and Colorado.