How is fault determined in a tire failure case?

In West Virginia, fault in tire failure cases is determined based on product liability law. Generally, when a product has malfunctioned and injured someone, the manufacturer or seller may be held liable. The extent of responsibility is determined by how the product was made, how it malfunctioned, and how the injury occurred. In determining fault in a tire failure case, the court must determine if there was a manufacturing defect or some sort of design flaw in the tire. They will also consider the condition of the tire when it was sold, as well as how the tire was maintained and used. For example, if a tire was improperly used or maintained, the driver of the car may be found partially at fault. The court will also look at the environment in which the tire was used to see if the road conditions may have contributed to the tire failure. The court will often analyze the accident reconstruction and witness testimony. They will assess the angle of impact and other factors to determine the likely cause of the tire failure. In some cases, an expert witness may be called to testify on the mechanical causes of the failure. Ultimately, the court will weigh all of the evidence and determine what percentage of fault lies with each party. If the manufacturer is determined to be at fault, they may be liable for damages. However, if the fault is found to be shared, the amount of damages attributed to the manufacturer may be reduced.

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