How do courts determine liability in defective drug injury claims?

Courts will use a variety of factors to determine liability in defective drug injury claims in California. Whether an injured person can recover damages for their injuries caused by a defective drug depends upon whether the injured person can prove that the drug manufacturer or distributor was negligent or strictly liable. Negligence means that the drug manufacturer or distributor failed to use reasonable care when they designed, manufactured, or sold the drug. To prove negligence, the injured person must prove that the manufacturer or distributor was aware or should have been aware of the potential risks of injury associated with the drug and that they failed to act with reasonable care. Strict liability means that a drug manufacturer or distributor can be held liable for defective or dangerous drugs even if they did not act negligently. To prove strict liability, the plaintiff must show that the drug was defective and that the defect caused the injury. Courts may also consider other factors, such as the drug’s labeling and warnings, when determining liability in defective drug injury claims. The labeling and warnings on a drug should provide adequate information to the consumer as to the risks associated with taking the drug. If the manufacturer or distributor failed to provide sufficient warnings or information about the risks of injury, they can be held liable for any injuries caused by the drug.

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How do courts determine liability in defective drug injury claims?

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