How is liability determined in a tire failure lawsuit?
Liability in a tire failure lawsuit is determined by establishing whether or not the tire manufacturer or seller is legally responsible for the mechanical failure of the tire. This is usually established through a legal process which can include gathering evidence from both parties and conducting a number of investigations into the cause of the failure. Additionally, the details of the tire itself must be reviewed to determine if it was properly manufactured and sold (for example, was the correct size or type of tire installed). Once the liability is determined, the parties involved may then decide on any financial compensation or other legal action to be taken. In Colorado, tire-related lawsuits are typically tried under product liability laws. This means that in order for a defendant to be found liable for a tire’s failure, the claimant must prove that the tire was either defective or not fit for purpose in some way. This can include proving that the tire was not properly manufactured, or that it was not labeled correctly. Additionally, the defendant must also have had knowledge of the defect or risk associated with the tire, and should have taken reasonable steps to inform the consumer of those risks.
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