Product Liability Defense

Drugs and medications, whether prescription or non-prescription, often result in products liability lawsuits. Although all available drugs in the United States must undergo certain testing procedures and licensing through the U.S. Food and Drug Administration (FDA) before becoming available for consumer use, and all such medications are regulated by the FDA even after they are approved, drug companies and manufacturers may still be responsible for injuries sustained by consumers using the drugs. Some drugs are inherently dangerous, in that there is nothing that can be done through the manufacturing process to make the drugs safe for all consumers to use, such as, for instance, because of a certain serious side effect. In these cases, the manufacturer is generally not responsible for any injuries that occur from using the drug, so long as the drug is sold with the appropriate labeling and warning information so as to alert the consumer of the potential risks of taking the drug. In many other cases, however, the fact that a drug has undergone the appropriate testing and been approved by the FDA is not a valid product liability defense. If, for example, the drug manufacturer failed to warn consumers of a potentially dangerous side effect of a particular drug, or intentionally marketed the drug to treat a medical condition that was not approved by the FDA, then the manufacturer may be liable for injuries resulting from the drug.

Fast Facts

  • Trampoline-related injuries have tripled since 1991.
  • In 2006, there were 105 death of children as a result of using all-terrain vehicles.

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