Columbus Georgia Preemption product liability injury attorney

Columbus Georgia medical malpractice attorney

One of the most controversial and commonly litigated issues in U.S. product liability law is the preemption defense. Preemption is the defense that a federal law under which product safety standards are established prempts any conflicting state law on the topic, even state common law tort principles. Unless preemption applies, compliance with governmental standards will not prevent a common law product liability claim but is relevant evidence that a jury may consider when determining liability.

Preemption has become a more common liability cover for drug companies since the FDA passed a recent regulation permitting labels to be simplified. The FDA formally stated its long held view that compliance with FDA regulations preempts manufacturers from state law product liability lawsuits. The FDA also recently filed a brief claiming that a state law failure to warn claim was overridden by the FDAs decision that a warning of the alleged side-effect in the drugs product label was not required. Courts are not required to agree with this view, but generally defer to governmental rule making agencies, like the FDA, and certain courts have already dismissed product liability lawsuits on this ground.

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We are Columbus GA personal injury lawyers – Georgia car accident attorneys – wrongful death law firm. We represent injury victims in dog bite, car and truck wreck cases, medical malpractice, scarring injury, and spinal cord injury cases.

We offer a free initial consultation to all prospective injury clients.

Columbus Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Columbus

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