What is the standard of proof required to win a tire failure lawsuit?

In New Mexico, to win a tire failure lawsuit, the standard of proof required is "clear and convincing evidence." This means that the plaintiff must provide evidence that is highly and substantially more probable to be true than not true. It is a higher standard of proof than the "preponderance of evidence" standard, which simply requires that the facts presented by the plaintiff be more likely true than not true. Clear and convincing evidence is usually a combination of documentary and testimonial evidence. Documents, such as bills and receipts, can provide some evidence that a tire failed and that the plaintiff suffered injuries. Testimonial evidence may include witnesses who can provide firsthand accounts of the tire failure and its effects on the plaintiff. The testimony must be both reliable and believable. In New Mexico, the standard of proof required for a tire failure lawsuit is clear and convincing evidence. This higher standard of proof is an additional barrier plaintiffs must overcome to prove their claim. The plaintiff has the burden of proving the case by this higher standard, and the jury will determine if they have met it.

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What is the standard of proof required to win a tire failure lawsuit?

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