Can I sue a drug manufacturer for a defective drug injury claim?
Yes, you can sue a drug manufacturer for a defective drug injury claim in California. You may take legal action against the drug manufacturer if you or a loved one suffers an injury due to a defective drug. Defective drugs can be the result of a manufacturer’s negligence in either the design, testing, manufacturing, or labeling of the drug. When taking legal action against a drug manufacturer, the lawsuit can be based on a theory of product liability. In California, product liability claims may be based on either negligence or strict liability. Negligence can be established when the manufacturer failed to exercise a reasonable degree of care in the design, testing, manufacturing, or labeling of the drug. Strict liability holds the drug manufacturer liable for any harm caused by their product, regardless of the care taken in producing it. To pursue a defective drug injury claim, you must be able to prove that the drug caused you harm and that the drug was defective. It is important to note that the drug manufacturer can be held liable if the defect was known or should have been known and could have been prevented. To recover damages, you will need to show that the defective drug was the direct result of the drug manufacturer’s actions and that you have suffered physical, emotional, or financial damages as the result of their negligence. It is important to note that defective drug injury claims are complex and require the assistance of an experienced attorney to ensure that your rights are fully protected.
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