Columbia County Georgia Preemption product liability injury attorneys

Columbia County Georgia Preemption product liability injury attorneys

Augusta Georgia medical malpractice attorney

One of the most controversial and frequently litigated issues in American. product liability law is the preemption defense. Preemption is the defensive claim that a federal law under which product safety standards are established supersedes all conflicting state law on the subject, even state common law tort principles. Unless preemption applies, compliance with governmental standards will not prevent a common law product liability claim but is necessary evidence that a jury may consider when determining liability.

Preemption has become a more common liability protection for drug companies since the FDA issued a recent rule permitting labels to be simplified. The FDA formally stated its long held position 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 preempted by the FDAs determination 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 a few courts have already thrown out product liability claims on this ground.
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We are personal injury lawyers Augusta GA and car accident attorneys. 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 clients.

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