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

In South Carolina, the standard of proof required to win a tire failure lawsuit is by a preponderance of the evidence. This means that the plaintiff must prove that it is more likely than not that the tire was defective and the defect caused the injury or death in the accident. In order to prove a tire failure lawsuit in South Carolina, the plaintiff must present evidence, usually through expert testimony, that there was a defect in the tire that caused it to fail or malfunction, which ultimately resulted in the accident. The plaintiff must demonstrate that the defect existed when the tire was manufactured or at some point during its life. The plaintiff must also prove that the defect was the proximate cause of the injury or death in the accident. This involves connecting the defect to the accident and showing that the defect gave rise to a foreseeable risk of harm. In other words, the plaintiff must demonstrate that without the defect in the tire, the accident would not have occurred. Finally, the plaintiff must prove that the defendant, usually the tire manufacturer, was liable for the failure of the tire. This might involve establishing that the tire was sold to the public in a defective condition and that the defendant was aware of the potential danger or should have been aware of the potential danger. In summary, South Carolina requires that plaintiffs win a tire failure lawsuit by a preponderance of the evidence. This means proving that there was a defect in the tire and that the defect was the proximate cause of the injury or death in the accident, and that the defendant was liable for the failure of the tire.

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