How is fault determined in a tire failure case?
In a tire failure case in California, fault is determined based on the legal standard of negligence. Negligence is defined as the failure of a party to exercise the ordinary care and caution that any reasonable person would exercise in a similar situation. Under this standard, the driver of the vehicle may be held liable for a tire failure accident if they did not exercise adequate care when maintaining or using the tires. The defendant in a tire failure case must prove that they took appropriate steps to maintain their tires. This includes ensuring that the tires were filled with the proper amount of air pressure, that the tires were checked for wear and tear regularly, and that the tread depth was within the manufacturer-recommended guidelines. The defendant must also prove that they were familiar with the safety guidelines provided by the tire manufacturer and that they used the tires in accordance with those guidelines. The plaintiff in a tire failure case will have to prove that the tire manufacturer, maintenance, or repair provider was responsible for the failure. For example, the plaintiff may need to prove that the tire was defectively constructed or contained a manufacturing error that led to the tire’s failure. Additionally, the plaintiff may need to prove that the tire was not properly maintained or that the tires were not used according to manufacturer safety guidelines. The court will ultimately determine liability for a tire failure based on the facts of each case and the legal standard of negligence. Ultimately, the court will decide which party was at fault and which party is liable for the injury or damage caused by the tire failure.
Related FAQs
Does the tire manufacturer share any liability in a tire failure lawsuit?What kind of evidence will I need to prove tire failure?
What is tire failure law?
Are certain tire brands more prone to failure than others?
What safety measures should I take after a tire failure?
What kind of damages are available in a tire failure case?
What is the difference between a tire defect and a tire failure?
What should I do if the tire manufacturer denies responsibility for a tire failure?
What kinds of evidence will I need to prove a tire failure lawsuit?
What happens to any recovered damages in a tire failure case?
Related Blog Posts
What You Need to Know About Tire Failure Law - July 31, 2023What Causes Tire Failure and What to Do About It - August 7, 2023
The Legal Implications of Tire Failure - August 14, 2023
Protecting Yourself Legally After a Tire Failure Incident - August 21, 2023
Who is Liable in Tire Failure Cases? - August 28, 2023