How will defective tire design be determined in a tire failure case?
When it comes to determining whether a tire failure was caused by defective design in South Carolina, the court will consider several factors. These include evaluating the tire to determine if any design elements could have caused the failure, as well as looking at any evidence of negligence on the part of the manufacturer. In terms of evaluating the tire, the court may look to see if the tire was created or constructed in a way that is likely to cause an unsafe condition. This includes examining the tire for any weak or inconsistent structural elements, such as flaws in the tread, or other design elements. The court may also review any reports or studies that have been conducted to determine if the product design is unsafe. In addition, the court may consider whether the tire manufacturer was negligent in creating the tire, as negligence is a key factor in determining whether a product was defectively designed. Evidence of negligence could include failure to comply with any safety standards, or any failure to take appropriate steps to ensure that the product was safe. Ultimately, the court will evaluate all of the evidence presented and make a decision as to whether the tire’s design was ultimately the cause of the tire failure. If the court finds that the tire’s design was defective, then the manufacturer may be liable for damages.
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