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

In Washington, those involved in a tire failure lawsuit most commonly use the following defenses for their case. First, a defendant may argue that their negligence was not the cause of the tire failure incident. This means they must prove that the incident was caused by an external factor such as bad roads or manufacturing defects. Second, a defendant may attempt to prove that the plaintiff assumed the risk when using the tire. This means that the plaintiff was aware of the potential risks associated with the tire and chose to use it regardless. Third, a defendant may attempt to prove that they alerted the plaintiff to the potential tire failure issues prior to the incident occurring. By doing this, they hope to prove that they did everything they could to inform the plaintiff of the potential issue. Fourth, the defendant may also attempt to prove that they took all the necessary steps to make the tire safe. This means that the defendant must prove that they took reasonable steps to ensure the tire was free from defects and operating safely. Finally, the defendant may raise a limitation of time defense, arguing that the claim is outdated as the tire failure incident occurred too long ago. The defendant must prove that the statute of limitations has passed and therefore the claim is invalid. These are the most common defenses used in tire failure lawsuits in Washington. Each defense must be argued and proven in court for it to be considered a valid claim. If a defendant is successful in proving any of the aforementioned defenses, then the claim could be dismissed.

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