How is liability determined in a tire failure lawsuit?
In a tire failure lawsuit, liability is determined by who caused the tire to fail. If a consumer is filing a suit, they would have to prove that the tire company was liable for the failure. This could include demonstrating that the tire was defective, the tire company was negligent in its manufacturing process, or that the tire was not properly maintained by the consumer before the failure. In South Carolina, there is a sixteen-step process for determining liability in tire failure lawsuits. The steps include the consumer having to prove that the tire was defective, that the tire had a safety-related defect, that the defect resulted in a tire failure, and that the tire failure caused the alleged injury or damage. The consumer must also prove that the tire was the proximate cause of the damage, that the tire was not modified, and that the tire company had knowledge of the defect and did not properly warn the consumer. In a lawsuit, the court will evaluate all available evidence to determine who is liable. The evaluation of evidence will include eyewitness testimony, expert testimony, testing and inspection of the tire, and other relevant evidence. The court may also consider any applicable laws, regulations, and product standards that apply to the case. Ultimately, the court will decide who is legally liable in a tire failure lawsuit, and will award damages accordingly.
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