What are the most common defenses used in a tire failure lawsuit?
When it comes to defending against tire failure lawsuits in New Hampshire, there are a few common defenses that may be raised. One common defense is that the plaintiff was negligent in some way that contributed to the tire failure. This could include improper servicing or maintenance of the tires, or failure to properly store them. If it can be shown that the plaintiff was negligent in some way, this could be used to reduce any damages they are seeking. Another common defense is that the tire failure was caused by a defect or malfunction in another part of the vehicle, which caused the tire to fail. This defense would require evidence that the other parts of the vehicle were faulty in some way and that the defect was the direct cause of the tire failure. A third defense that may be used is that the tire manufacturer provided all necessary warnings about the tire’s potential for failure, and that the plaintiff ignored or failed to follow those warnings. Finally, the defendant may also argue that the damages sought by the plaintiff are excessive. This includes challenging the types of damages sought, such as lost wages, medical expenses, etc., as well as whether they are reasonable in the context of the tire failure. In each case, the defending party must prove that the plaintiff was not responsible for the tire failure, or that the damages sought are unreasonable. Tires are a critical component of a vehicle, so it is important to make sure that those who might be involved in tire failure lawsuits are aware of the defenses that are available and the evidence they must present.
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