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.
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…
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…
Soft, comfortable, contoured – yes … but are they safe? While not typically considered a safety feature, a poorly designed automobile seat can cause devastating injuries in an accident. Most often, seat defects cause serious injuries in rear-end collisions.[1] Because these collisions are so common, safety advocates argue that vehicle seats should be “the first line…
With the high number of deaths occurring on our nation’s highways, vehicle safety is a top concern. Roof strength is a critical component to survival in a rollover accident, yet roof crush standards continue to insufficient to ensure adequate occupant protection in rollover events. Recent testing and data show that roof strength has a significant…
When evidence that is necessary to successfully litigating your claim is destroyed, some states recognize a tort for destroying that evidence. Spoliation is defined as “the failure to preserve property for another’s use as evidence in pending or future litigation.”[1] In order to successfully bring a spoliation claim there are numerous issues of proof that must…
Trailers are synonymous with family recreation and travel, however, there are serious dangers involved when towing a trailer. Unfortunately, the public has not been adequately informed of the defects and dangers with many trailers, and the public does not know how best to react in dangerous trailer sway situations. Trailer sway is a phenomenon that…
In 2003, the Yamaha Rhino ATV was introduced into the market.[1]While anticipating the debut of the Rhino, one magazine described it as a machine that will “haul two people, carry loads of gear, and eat up the off-road trail.”[2] Despite its popularity since its introduction, a disproportionate number of Rhino accidents have been reported in the…
Seatbelts are arguably the single most important safety feature in your vehicle, and when properly designed and utilized save countless lives. However, when they fail to perform as intended or malfunction due to a defect in their design or manufacturer tragic results can occur. A review of reported accidents through public sources and a survey…
We’ve heard the reasons before – my child wanted to be held, the seatbelt was uncomfortable, I was only going a short distance, he’s too big for a car seat. While parents’ hearts and minds may struggle with this safety issue, with very few exceptions, they want the best for their children. While technology and…