How is fault established in a defective drug claim?

When it comes to establishing fault in a defective drug injury claim in California, the plaintiff has the burden to prove the three elements of a product liability claim: design defect, manufacturing defect, and failure to warn. In the case of a design defect, the plaintiff must prove that the drug was not designed properly, such that it posed a risk of harm to consumers. The plaintiff has to show that the drug was manufactured according to the design specifications and that a safer option could have been available when the drug was designed. In the case of a manufacturing defect, the plaintiff must demonstrate that the drug was made improperly, resulting in a different product from what was intended. That is, the plaintiff has to show that the drug was contaminated, improperly assembled, or otherwise not manufactured according to specifications. Finally, in the case of a failure to warn, the plaintiff must demonstrate that the drug manufacturer failed to adequately inform consumers about the potential risks of the drug. This includes any side effects, contraindications, or other possible dangers that should have been disclosed to the consumer. Therefore, in order to demonstrate fault and win a defective drug claim in California, the plaintiff must be able to show that one or more of the above elements were present. If the plaintiff can successfully make his or her case, then the drug manufacturer may be liable for damages.

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How is fault established in a defective drug claim?

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