Athens Georgia Preemption product liability injury attorneys

Athens Georgia Preemption product liability injury attorneys

Athens Georgia medical malpractice lawyer

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

Preemption has become a more common liability cover for pharmaceutical companies since the FDA passed a recent rule permitting labels to be simplified. The FDA formally laid down its long held view that compliance with FDA regulations protects manufacturers from state law product liability claims. The FDA also recently filed a brief arguing that a state law failure to warn claim was preempted by the FDAs determination that a warning of the alleged side-effect in the drugs product label was unwarranted. Courts are not required to follow this view, but often defer to governmental rule making agencies, like the FDA, and certain courts have already dismissed product liability claims on this ground.
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We are Athens 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.

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

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