With our library of articles on product safety issues, the Didier Law Firm strives to provide clients and referral counsel the background and research necessary to better understand products liability and potential litigation relating to product defect claims. We hope you will find this resource helpful in analyzing your potential case.
Automotive manufacturers concede that a vehicle occupant should not survive a car accident only to burn to death in a fire caused by the undesired release of fuel. Auto safety designers charged with addressing this fundamental fire safety concern have approached the risk of post-crash fuel-fed fires by focusing on the prevention of the release…
Abundant waterways and warm weather make for hours of boating fun. However, boating can turn dangerous quickly due, in some instances, to poorly designed boats or personal watercraft. Additionally, many boat owners and operators unfortunately do not have the proper training and/or experience to properly operate their vessels, or simply do not keep safety top-of-mind.…
As the old adage goes, “there’s a lot riding on your tires.” Many of the safety advances made in recent years, such as Antilock Brakes and Electronic Stability Control are dependent upon good interaction between the vehicle and the road surface. When the tire fails, these safety advances are lost or greatly diminished. The tires…
What Manufacturers Know and How Accidents Can be Prevented Tragedies can happen in an instant, especially when children are involved. Most parents are keenly aware of dangers their child may encounter within the home, and have taken precautions to prevent accidents. In the case of drowning due to pet door egress, however, parents do not…
An otherwise survivable car crash can become deadly if a fuel-fed fire breaks out after the collision. While fuel is necessary for a vehicle to function, fuel systems should be designed to contain and safely manage the fuel and minimize the risk of the vehicle igniting after an impact. A vehicle fuel-fed fire commonly occurs…
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…