I believe many electrical devices are UL approved in the same manner devices are approved by the FDA. Yet, Medtronic believes it should not be sued because of a faulty medical device approved by the politically controlled FDA as the Supreme Court ruled in Reigel v. Medtronic. Are their two standards here? I suppose, as Senator Hatch said of trial lawyers, some creative corporate lawyer will find some sort of neat logic to defend these two opposing legal arguments. If we allow this to happen would we not be imposing “fifty” different requirements on Petco. How do these frivolous lawsuits ever make it to court? Is “stuff” more important then a human being.

“’The defendant negligently failed to provide Plaintiffs with reasonable warnings of defects and hazards which it knew or should have known were present in the aquarium heater described herein, which negligence was a direct and proximate cause of the fire and damages,, the suit claims.

Medtronic contends that because the heater was defective, Petco should be liable for the damage that resulted from the fire.”