How is fault established in a defective drug claim?

Fault in a defective drug claim in Washington can be established in one of two ways: strict liability or negligence. In a strict liability claim, it is not necessary to prove fault, as the injured party is entitled to compensation regardless. This type of claim is typically used in cases where a drug is found to have an inherent defect in its design or manufacture, making it unreasonably dangerous. In a negligence claim, it must be proven that the drug company or manufacturer was responsible for the fault. This typically requires showing that the company or manufacturer failed to exercise reasonable care in producing the drug, or warning about any potential hazards associated with it. The injured party must be able to demonstrate that the company or manufacturer was aware of the risks associated with the drug, or should have been aware. Additionally, it must be proven that the drug caused the injury and that the injury was foreseeable. Establishing fault in a defective drug claim in Washington is necessary in order to recover any compensation for the damages incurred.

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How is fault established in a defective drug claim?

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