Are there any defenses against a defective drug injury claim?

Yes, there are potential defenses against a defective drug injury claim in Florida. Generally, defendants may use three types of defenses in a defective drug injury case: lack of causation, comparative negligence, and regulatory compliance. The lack of causation defense assumes that the drug or device was not the cause of the plaintiff’s injury or illness. The defense would argue that the manufacturer or seller was not responsible for the injury and that the plaintiff’s harm was due to other causes. Comparative negligence is another defense used in a defective drug injury case. This defense argues that the plaintiff is partially responsible for the injury. In other words, the defense would argue that the plaintiff did not take all the necessary steps to protect themselves. Finally, in some cases the defendant may argue the defense of regulatory compliance. This defense argues that the product was in compliance with regulatory standards and was not defective. The defendant would need to present evidence that the product met all applicable standards. Overall, these are three potential defenses that the defendant might use when facing a defective drug injury case in Florida. However, to be successful with any of these defense strategies the defendant must be able to prove that they are not liable for any of the plaintiff’s damages.

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