What are the most common defenses used in a tire failure lawsuit?
In a tire failure lawsuit in the state of Pennsylvania, a defendant may use one of the following defenses: 1. Lack of Causation: To be successful in a tire failure lawsuit, the plaintiff must prove that their tire failure was caused by the defendant’s negligence. The defendant may argue that the plaintiff failed to prove that any of their actions caused the tire failure. 2. Statute of Limitations: The statute of limitations for tire failure lawsuits in Pennsylvania is two years. If the lawsuit is filed after two years have passed since the tire failed then the defendant can use this as a defense. 3. Comparative Negligence: The defense may argue that the plaintiff is partially to blame for the tire failure due to their own negligence. The jury may then assess the percentage of the fault to the plaintiff and the defendant, and reduce any award given to the plaintiff accordingly. 4. Wear and Tear: If the tire was not properly maintained or the tread wore down too quickly, the defendant may argue that the tire failure was due to everyday wear and tear and was not caused by any negligence on their part. 5. Misuse of the Tire: The defendant may also argue that the plaintiff misused the tire, or did not use it according to the recommended specifications, which resulted in the tire failing.
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