What kind of damages are available in a tire failure case?
In a tire failure case, individuals pursuing a legal claim may seek damages for the cost of the defective tire, associated medical expenses, vehicle damage, loss of wages, and other applicable costs. Depending on the circumstances of the tire failure, punitive damages may also be available. In California, the state’s Lemon Law makes provisions for tire failure cases, granting consumers certain rights such as a full repurchase or replacement of the tire. When the tire is replaced, the manufacturer must also reimburse the purchaser for any other damages, including associated medical expenses and any associated vehicle damage. When seeking damages for loss of wages, the individual must be able to prove that the tire defect caused them to take time off from work due to their injury. Additionally, the court must be satisfied that the individual sustained a significant financial burden due to their absence from work. In a case where a tire manufacturer fails to provide a safe and reliable product, punitive damages may also be available. Punitive damages are designed to punish a party for gross negligence or wrongful actions and serve as a deterrent to prevent similar actions from occurring in the future. These damages, however, must be approved by a judge, who is the only one with the authority to award punitive damages in a tire failure case.
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