Epsilon Corporation makes scientific instruments that are subject to extensive government regulation and undergo a rigorous premarket approval process. In a design defect product liability suit against Epsilon by a party allegedly injured by one of the devices, the company can most successfully raise the defense of
A)preemption.
B)assumption of risk.
C)comparative negligence.
D)knowledgeable user.

Question

Quizplus · Accepted Answer

Preemption is the most successful defense in this context because federal law regulating the approval of medical devices can preempt state law claims for design defects, meaning that if the device was approved by a government agency following rigorous standards, the manufacturer might argue that federal regulations take precedence over state laws under which the product liability suit is filed.

Epsilon Corporation Makes Scientific Instruments That Are Subject to Extensive