What are the differences between a defective drug injury claim and a product liability claim?

The differences between a defective drug injury claim and a product liability claim are significant. In California, defective drug injury claims are regulated by the state’s Unfair Competition Law (UCL). This law gives victims of defective drugs the ability to sue pharmaceutical companies for monetary damages if they have suffered an injury due to a drug that has caused harm. The most common type of injury resulting from a defective drug is a personal injury, like illness or pain and suffering. In contrast, product liability claims are regulated by the California Product Liability Act. This law covers any product, including drugs, that are defective and cause harm. A product liability claim requires that the product was negligently or defectively manufactured or designed. It is not enough that the product caused harm. Product liability claims also provide victims with the right to compensation if they have suffered an injury due to using a defective product. Both defective drug injury claims and product liability claims are complex. A successful claim will require extensive medical records and detailed proof that the drug or product caused harm. It is also important to note that in California, victims of defective products or drugs may be able to pursue both a defective drug injury claim and a product liability claim at the same time. An experienced attorney can help to determine the applicable laws and the best way to proceed with a claim.

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What are the differences between a defective drug injury claim and a product liability claim?

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