What are the most common defenses used in a tire failure lawsuit?

In a tire failure lawsuit in Arizona, the most common defense is that the tire failure was due to misuse, abuse, or improper installation. This means that the defendant will try to prove that the plaintiff did not properly maintain the tire, installed it incorrectly, or used it inappropriately. Additionally, the defendant may try to argue that the tire was already defective or wore out due to age, without any negligent acts on their part. Another common defense is that the plaintiff failed to inspect the tire for potential problems or failed to timely report the issue. For example, if the plaintiff sold the tire with signs of wear or damage, but failed to notify the purchaser, the defendant may argue that the plaintiff should have been aware of the issue and taken appropriate action. A third common defense is that the failure was due to a manufacturing defect. If the tire was designed or manufactured with a design or construction flaw, the defendant may use this as part of their defense. The defendant may argue that they were not at fault for a tire failure due to a manufacturing defect. Finally, the defendant may argue that any damages sustained as a result of the tire failure were mitigated. This means that the plaintiff took the proper action to reduce any potential damages or losses. For example, if the plaintiff acted quickly to replace the failed tire, the defendant may argue that any damages were minimal.

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What are the most common defenses used in a tire failure lawsuit?

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