What is the standard of proof required to win a tire failure lawsuit?
In order to win a tire failure lawsuit in Ohio, the standard of proof required is by a preponderance of the evidence. This means that the plaintiff must show that it is more likely than not that the tire failure resulted from negligence or a manufacturing defect. The plaintiff must prove that the tire was defective, that the manufacturer knew about the defect, or that the manufacturer failed to take the necessary precautions to ensure that the tire was safe. In addition to the plaintiff establishing that the defect was the proximate cause of the accident, the plaintiff must also demonstrate that the tire was not given the appropriate maintenance as outlined by the manufacturer. This includes checking the tire pressure, regularly rotating the tires, and inspecting the treads. If the plaintiff can show that adequate maintenance was given and the defect still caused the accident, then the plaintiff can likely establish that the manufacturer was negligent. It is important to note that in a tire failure case, no matter how strongly the plaintiff believes that they have a valid claim, they must meet the standard of proof set by the court. If the plaintiff does not present sufficient evidence to establish that the tire was defective or that the manufacturer was negligent, then the case will be dismissed.
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