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

The primary difference between a defective drug injury claim and a product liability claim is the type of product that is being claimed. A product liability claim is generally associated with physical goods such as a tool, appliance, or vehicle which has caused an injury to a person, whereas a defective drug injury claim involves a claim that a drug has caused an injury to a person. In Washington state, a defective drug injury claim is brought under Washington’s Product Liability Act. This is because drugs are considered a product in the eyes of the law and are covered under the Act. This means the same type of negligence or strict liability may be applied in a defective drug injury claim as in a product liability claim. However, there are some key differences in how the claims are proven. For a product liability claim, the injured party is usually required to prove a defect in the product. This could be a design defect, a manufacturing defect, or a failure to warn about the potential hazards of use. For a defective drug injury claim, on the other hand, the injured party does not need to prove there was a defect in the drug. Rather, they only need to prove that there was a direct link between the drug and the injury that occurred. Ultimately the differences between a defective drug injury claim and a product liability claim in Washington state largely depend on the type of product and the type of injury involved. For example, if a drug causes a physical injury, then a defective drug injury claim would be appropriate, while if a tool causes a physical injury, then a product liability claim would be more appropriate.

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

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