What is a “pre-emptive” defense to a product liability claim?

A “pre-emptive” defense to a product liability claim is a way of protecting a company against product liability claims. It is a concept of law that allows a manufacturer to protect itself from liability if a product is found to be defective or dangerous. Pre-emption occurs when a federal or state law expressly preempts a state law that otherwise would be applicable. In California, the California Supreme Court has held that pre-emptive defenses can be used in product liability cases. There are three main types of pre-emptive defenses that may be used in California product liability cases: express pre-emption, field pre-emption, and conflict pre-emption. Express pre-emption occurs when a federal or state law expressly preempts a state law that otherwise would have been applicable. In California, pre-emptive defenses may be raised as a defense in product liability cases if the defendant can demonstrate that the product or label was in compliance with a federal or state law, or if the defendant can point to a statute that explicitly preempts liability for the product. Field pre-emption occurs when federal or state law completely occupiesthe relevant area. This type of pre-emption eliminates any state law that would otherwise have been applicable. The defendant must show that the federal or state law completely occupied the relevant field of regulation so that no state law was applicable. Conflict pre-emption occurs when it is not possible to comply with both the federal or state law and the state law at the same time. The defendant must show that it is impossible to comply with both the federal or state law and the state law at the same time. In summary, a “pre-emptive” defense to a product liability claim is a way for a company to protect itself from liability for a product that is found to be defective or dangerous. Pre-emption occurs when a federal or state law preempts a state law, or when it is not possible to comply with both the federal or state law and the state law at the same time. Pre-emptive defenses can be used in product liability cases in California.

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What is a “pre-emptive” defense to a product liability claim?

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