How is fault determined in a tire failure case?

In Utah, fault in regard to tire failure is determined by examining the evidence and circumstances in the case. Generally, the party found to be “at fault” in a tire failure case is the one that exhibits the most negligence in the episode leading up to the failure. When evaluating negligence, courts will look at the type of tire, the amount of time since the tire was purchased, the condition of the tire, the amount of use, and the loads placed on the tire. For example, if a tire was purchased many years ago, has been used extensively, and has not been maintained to the manufacturer’s specifications, then it is likely that the user is at fault for the tire failure. On the other hand, if the tire was recently purchased, had not been used excessively, and was found to be defective in some way, then it is likely that the tire manufacturer or retailer is at fault. In most cases, the court will examine evidence, inspect the tire itself, and obtain expert opinions in order to come to a conclusion. In some cases, multiple parties may be found to be at fault. For example, if the tires used in a vehicle were not the correct type for the load, and if the tires had been previously used without maintenance, then the tire manufacturer, the tire retailer, and the vehicle owner could all be found to be at fault for the failure. Ultimately, the court’s decision regarding who is at fault for a tire failure is based on the evidence and circumstances presented in each case.

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How is fault determined in a tire failure case?

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