Savannah GA Preemption product liability injury attorney

Savannah GA Preemption product liability injury attorney

Savannah Georgia accident lawyer


One of the most controversial and well litigated issues in U.S. product liability law is the preemption defense. Preemption is the defensive claim that a federal regulation under which product safety standards are established prempts any conflicting state law on the subject, even state common law tort principles. Unless 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 determining liability.

Preemption has become a more common liability protection for drug companies since the FDA issued a recent rule allowing labels to be simplified. The FDA formally stated its long held view that compliance with FDA regulations preempts manufacturers from state law product liability claims. 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 not required. Courts are not required to follow this view, but generally defer to governmental rule making agencies, like the FDA, and certain courts have already dismissed product liability claims on this basis.

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Savannah GA personal injury lawyers 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.

Our injury lawyers handle cases in Savannah, Georgia. Our Georgia car accident lawyers represent clients in Savannah & throughout Coastal Georgia including Savannah, Hinesville, Richmond Hill, Fort Stewart, Bloomingdale, Garden City, Pooler, Port Wentworth, Thunderbolt, Tybee Island, and Vernonburg, Bryan County, Liberty County, Long County, Chatham County , and Effingham County.

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