What factors must be proven for a tire failure lawsuit to succeed?

In California, certain factors must be proven in order for a tire failure lawsuit to be successful. These factors include proving that the tire was sold and/or manufactured in California, that the tire was defective or had a design flaw, and that the defect caused the tire to fail. The claimant must also show that they suffered economic or physical damages due to the defective tire. This could include medical costs, lost wages, and other costs incurred as a result of the tire failure. If the tire was manufactured outside of California, the lawsuit must also prove that the manufacturer was “doing business” in the state. This could include having a direct presence in the state, such as a warehouse or offices, or by regularly selling products to California citizens. The claimant must also prove that the manufacturing or design defect in the tire caused the failure. This could include testing that shows how the tire was defective at the time of manufacture, or demonstrating that the manufacturer failed to perform adequate quality control on their tires. Lastly, it is important to prove that the defendant, either the manufacturer or retailer, knew, or should have known, of the defective tire and still sold or continued to sell it anyway. This can be proven by showing that the defendant continued to use a particular tire model despite reports of the defect that pre-date the injury. These are the main factors that must be proven in order for a tire failure lawsuit to be successful in California. If none of these can be established, then the claimant is unlikely to win the case.

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