What is the standard of proof required to win a tire failure lawsuit?
In Utah, the standard of proof required to win a tire failure lawsuit is known as the preponderance of the evidence standard. The preponderance of the evidence standard requires the plaintiff to demonstrate by a greater weight of the evidence that their case is more likely than not to be true. Under the preponderance of the evidence standard, the plaintiff must prove the negligence of the defendant, prove that the tires at issue were defective and prove that the defect cause the plaintiff’s injury. It is not enough for the plaintiff to simply show that the tires were faulty; they must also establish that the tire failure caused their injury. To prove negligence, the plaintiff must establish that the tire manufacturer, distributor or retailer failed to exercising a reasonable level of care when they manufactured or sold the tires. The plaintiff must also provide evidence that the defendant had knowledge of the defect prior to the tire failure but failed to fix the issue. The preponderance of evidence standard is a relatively straightforward standard of proof which requires the plaintiff to show that it is more likely than not that their version of events is true. Therefore, plaintiffs who are able to gather evidence to support their claims are more likely to be successful in their tire failure lawsuits.
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