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Preemption in the Roof Crush Rule: Closing the Court House Door to Injured Consumers

In the explanatory text accomanying NHTSA's weak proposed rule for improving roof strength performance in rollover crashes, NHTSA suggests that a final rule should be construed as preempting consumers' right to demand justice in the state courts.

That would mean that the families of the 10,000+ people who die every year in rollover crashes would be blocked from suing automakers who make vehicles that are deadly in rollovers ... because NHTSA's weak rule would be the upper limit of what can the automakers can be expected to do to protect the public.

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