Can I bring a claim against a drug manufacturer for an injury caused by a defective drug?

Yes, Washington law allows individuals to bring a claim against a drug manufacturer for an injury caused by a defective drug. The injured party must prove that the manufacturer was negligent in designing, testing, or labeling the drug. Negligence is an unintentional action, or the failure to act, that results in injury. Once negligence is proven, then the injured party can seek to recover damages. Washington law also allows for a claim of strict liability when it comes to defective drugs. This type of claim holds the manufacturer responsible for a defective drug regardless of whether or not they were negligent while creating it. The injured party must still prove that the drug was defective and that it caused an injury, but there is no need to prove negligence. In either situation, an injured party must be able to provide evidence that the drug caused their injury. Expert witnesses, medical records, and drug testing reports may all be used to prove the link between the injury and the defective drug. It is important to keep in mind that the statute of limitations for filing a claim against a drug manufacturer is three years from the date of the injury. This means that any claims should be filed within three years, or else the injured party could be permanently barred from bringing their case to court.

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