How is liability determined in a tire failure lawsuit?

When determining liability in a tire failure lawsuit in North Carolina, the court will consider several factors. First, the court will determine if the manufacturer of the tire had a duty to produce a tire that was safe in design and free from defects. If so, the court will then consider whether the manufacturer breached this duty, which typically requires establishing that the tire was defective or negligently designed or assembled. Additionally, the court will consider whether the tire had any warning signs of a defect, such as visible evidence of cracks or worn treads. The court will then look at the plaintiff’s actions to determine if they contributed to the cause of the tire failure. If the plaintiff is found to be negligent in any way, such as failing to inspect the tire for signs of wear or damage, then the manufacturer may not be held liable. In determining liability, the court will also consider the comparative negligence of the parties involved and any evidence that establishes damages caused by the tire failure. This may include medical bills, repairs costs, and the loss of use of the vehicle. If the court determines the manufacturer was liable for the tire failure, they may be ordered to reimburse the plaintiff for any damages caused by the tire failure.

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