Defenses and Affirmative Defenses
Product and Tort Defenses
Compliance with government regulations or industry standards is generally admissible as evidence of due care but does not conclusively establish it. Some states provide a statutory presumption of non-defectiveness for compliant products.
Non-compliance is more probative than compliance.
Alternative Names:
Regulatory Compliance Defense, Standards Compliance
Why it Matters?
The asymmetry matters, since non-compliance is frequently treated as negligence per se or strong evidence of defect while compliance merely supports due care. That imbalance means the defense value of compliance evidence is limited unless a statutory presumption applies. Where a presumption exists, establishing compliance shifts the burden meaningfully and is worth developing thoroughly.
Frequently Confused with
Frequently asked questions
Does compliance establish due care?
Why is the treatment asymmetric?
