Are there any special legal considerations for a tire failure victim?
Yes, there are special legal considerations for a tire failure victim in South Carolina. First, a tire failure victim may be able to recover damages through a product liability claim. Under this type of claim, a tire failure victim may seek monetary damages from the manufacturer or seller of the tire for any injuries or property damage that the defective tire caused. Second, South Carolina has rejected the doctrine of comparative negligence. This means that a tire failure victim may be able to collect full compensation for their losses even if they were partially at fault for the accident. However, if the court finds the tire failure victim was more at fault than the defendant, then they may not be able to recover any damages at all. Third, a tire failure victim may be able to recover punitive damages. This is a type of damages that are not intended to compensate the tire failure victim, but are instead meant to punish the wrongdoer and discourage similar conduct in the future. Punitive damages may not be available in every tire failure case, however. Finally, there is a limited amount of time to file a tire failure lawsuit in South Carolina. These cases are subject to the statute of limitations, so it is important for a tire failure victim to seek legal advice as soon as possible after the accident takes place.
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