Tag Archives: Negligence Per Se

Texas Court Slaps Down Plaintiff’s Attempt to Use Negligence Per Se to Circumvent Preemption

Many plaintiff’s lawyers attempt to use the negligence per se doctrine to try to hold companies liable under provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). They claim an alleged violation of a safety-related provision of the FDCA to create a state law civil claim. This tactic runs counter to established state… Read More »