What are the most common defenses used in a tire failure lawsuit?
The most common defenses used in a tire failure lawsuit in Utah are design defects, improper installation, improper maintenance, illegal modifications, misuse, and tire wear. Design defects refer to when a tire has been manufactured in a way that leads to its failure due to a flaw in its design. Improper installation occurs when a tire is not installed and/or infalted correctly, leading to its eventual failure. Improper maintenance means that the tire was not serviced properly, such as when it was not rotated regularly or the pressure in the tires was not checked. Illegal modifications refer to when a tire has been altered from its factory settings. Misuse happens when a tire is used for purposes other than which it was designed, such as towing a heavy load, or when it is driven above the speed limit on a regular basis. Tire wear is a common defense and it refers to when a tire is worn out due to normal usage. In a tire failure lawsuit, these defenses may be used to prove that a tire failure was not the fault of the manufacturer, or that it was the fault of the owner for not taking proper care of the tire. It is important to remember that insurance companies and manufacturers often use these defense strategies in order to avoid paying out claims. As such, it is important to have the help of a skilled attorney who can help you prove your case and get you the compensation you deserve.
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