What is the standard of proof required to win a tire failure lawsuit?
In California, plaintiffs in a tire failure lawsuit must prove that the defendant was negligent and that the negligence was the cause of the tire failure. To win a tire failure lawsuit, plaintiffs must prove their case by a “preponderance of the evidence.” This standard of proof requires plaintiffs to present enough evidence to demonstrate that their allegations are more likely true than not true. Plaintiffs must present more evidence than the defendant, but they do not need to prove their case beyond a reasonable doubt as would be required in a criminal case. Because tire failure cases can involve technical issues, such as manufacturing defects and tire design, expert witnesses may be used to explain the evidence. Expert testimony provides the court with scientific answers to the technical questions being asked in the lawsuit. When expert testimony is used, the court will analyze the testimony and weigh the evidence presented by both sides to determine if the preponderance of the evidence has been met. Finally, Ontario law also allows juries to consider circumstantial evidence when deciding a tire failure lawsuit. This means that although plaintiffs may not have direct evidence of tire failure, they can still use circumstantial pieces of evidence to prove their case. For example, a plaintiff could show that the tire failed immediately after hitting a pothole and that the tire was made by the defendant, which could be enough circumstantial evidence to show negligence.
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