Macon Georgia Preemption product liability injury lawyer
Macon Head injury attorney
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 over rides all conflicting state law on the topic, including state common law tort principles. Except when 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 deciding liability.
Preemption has become a more common liability shield for drug 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 preempts manufacturers from state law product liability lawsuits. The FDA also recently filed a brief arguing 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 unwarranted. Courts need not 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 lawsuits on this ground.
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We are Macon 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.
Macon Car Wreck Lawyer, Truck Accident Attorney, Personal Injury Lawyer Macon
