Shultz & Rollins, Ltd

Description

To prevail, the injured party must prove that the tire causing the injury was defective and therefore unreasonably dangerous. There are three types of defects: design defects – defects inherent in the tire prior to its manufacture which are unreasonably dangerous; manufacturing defects – which occur during the manufacture or assembly of the tire; and marketing defects – manufactures fail to warn of inherent dangers in the tire or provide improper and inadequate instructions regarding the tire's use.

Before Congress enacted DSHEA, dietary supplements were regulated by the Food and Drug Administration (FDA) as food. Under DSHEA, the manufacturer is responsible for determining that the dietary supplements it manufactures or distributes are safe and that any representations or claims made about them are substantiated by adequate evidence to show that they are not false or misleading. This means that dietary supplements do not need approval from FDA before they are marketed.

The manufacturer has a duty to design a safe product. If the product has an inherent danger that cannot be taken care of by design then the manufacturer must guard against those dangers. If the dangers cannot be limited by design or guarded against then the manufacturer must warn and instruct users of those dangers.

Thousands of people are injured yearly on Arizona’s roads. Auto accidents are particularly dangerous because not all injuries are immediately apparent. Due to shock and the trauma from a serious collision, injured occupants are often overwhelmed. Dealing with insurance companies and with the party responsible for the collision can be confusing.

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