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…
DetailsThe 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…
DetailsWhile 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…
DetailsTo 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…
DetailsIn 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…
DetailsOne 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…
DetailsWhile 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,…
DetailsUsed 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…
DetailsOrlando, 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…
DetailsAs 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…
DetailsSoft, 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…
DetailsWith 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…
DetailsWhen 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…
DetailsTrailers 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…
DetailsIn 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…
DetailsSeatbelts 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…
DetailsWe’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…
DetailsOrlando, FL – Henry N. Didier, founder of the Didier Law Firm, an Orlando-based products liability firm, was named as one of Orlando Business Journal’s 40 Under 40 for 2008. The list includes honorees from across industries including banking, politics, financial management, public relations, law and business. Honorees are chosen by the Orlando Business Journal…
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