Didier Law Firm, P.A. Receives City of Orlando’s Beautification Award. Orlando, FL – The Didier Law Firm, P.A., has been chosen as winner of the City of Orlando’s 2007 Beautification Award for District Three. One business from each of the six City Commissioners’ districts is selected each year. Awards are presented to businesses that have…
The National Highway Traffic Safety Administration’s proposed roof crush standard, set to be issued by the end of 2008, includes a rule that would preempt consumers’ rights to demand justice in state courts. The preemption rule would override state tort law, blocking injured people from being able to hold manufacturers accountable for defective products that…
While preemption arguments continue to find their way before judges, some Court’s have refused to accept the application of the defense. One significant case occurred recently in O’Hara v. General Motors Corporation. In that case, Mr. and Mrs. O’Hara and their daughter were riding in a 2004 Chevrolet Tahoe when it was involved in a rollover…
To understand the concerns raised by preemption, it is important to understand the United States Supreme Court decision in Riegel v. Medtronics which upheld federal preemption in medical device design defect cases. In Riegel, the plaintiff underwent heart surgery and during the procedure a balloon catheter ruptured while his doctor was attempting to dilate his coronary artery…
In the face of nationwide debate over preemption, the Supreme Court is now considering the Wyeth v. Levine case. In that case, Diana Levine went to the hospital because she was suffering from a severe headache. She was injected with Phenergan, a drug that treats nausea. After suffering complications from this injection, her hand and forearm were…
One often overlooked aspect of vehicle safety is the type of glass used in the vehicle. While consumers are more and more aware of the importance of seatbelts and airbags, the type of glass in their windows is likely not at the forefront of their minds. Safety experts, however, believe that laminated glass should be…
While preemption has always been a possible affirmative defense in any products liability suit, recent decisions have raised significant concerns over the new push by industry to use preemption as an avenue to avoid liability. Preemption generally refers to the displacing effect that federal law can have on a conflicting or inconsistent state law. Typically,…
Used tires have been the subject of growing concern by automakers and safety advocates. While the tire industry has fought efforts to require clear manufacture dates be printed on tires, car manufacturers and regulatory agencies such as NHTSA have begun taking steps in the right direction. To determine the age of your tire, here is…
Orlando, FL – Three out of four child safety seats are improperly installed in vehicles according to research by the National Highway Traffic Safety Administration. As part of National Child Passenger Safety Week (September 21-27), car seat check events will be held on Saturday, September 20th, including one at Burlington Coat Factory, 130 E. Altamonte…
As the adage goes, everything’s riding on your tires. Thus, when it comes to vehicle safety, nothing’s more important. Tire failures can result from a design or manufacturing defect, or the tire may simply be too old to withstand the heat and pressure of the road, regardless of tread. The recall of defective Firestone tires…