How is fault determined in a defective drug injury claim?

In California, fault for a defective drug injury claim is determined on a case by case basis. It is typically determined on the basis of a legal theory known as “strict liability.” This theory holds that the manufacturer of a defective product is liable for any injuries it causes without needing to prove that the manufacturer was negligent. The plaintiff in a defective drug injury case must prove that the drug was defective, that they were injured while using the drug, and that the drug directly caused their injury. To prove that the drug was defective, the plaintiff must show that the drug was not safe for its intended use, that the drug had an inherent defect, or that the drug was improperly labeled or marketed. In addition to proving that the drug was defective, the plaintiff must also prove that they were injured while using the drug and that the drug directly caused their injury. The defendant must present evidence to the contrary, demonstrating that their injury was caused by something else. Ultimately, fault in a defective drug injury case is determined on a case by case basis. The court will weigh the evidence presented by both parties and make a determination based on the individual circumstances of the case. If the plaintiff is able to prove that the drug was defective, that they were injured while using the drug, and that the drug directly caused their injury, they may be found liable for the injury.

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How is fault determined in a defective drug injury claim?

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