Do I need to prove negligence in a defective drug injury claim?

Yes, in order to prevail in a defective drug injury claim in Washington, you must be able to prove negligence. Negligence is established by showing that the manufacturer of the drug failed to provide a safe product or acted carelessly in some way that caused you injury. In Washington, the law of negligence applies in product liability cases, including those involving defective drugs. Specifically, the law requires that a person who is seeking to recover damages for an injury caused by a drug must prove that the manufacturer or seller of the product was negligent. This means that the injured person must show that the manufacturer failed to provide a safe product, had inadequate warnings and instructions, or failed to use reasonable care in making and selling the drug. In addition, Washington law requires that a plaintiff prove that the defective drug was the cause of the injury and that the injury was a foreseeable result of using the product. The injured party must be able to prove that the manufacturer breached a duty of care and that this breach was the proximate cause of the injury. Proximate cause means that the harm would not have occurred but for the negligence of the manufacturer. To successfully prove negligence in a defective drug injury case, a plaintiff must present evidence that clearly establishes the negligence of the manufacturer or seller, as well as the extent of the harm caused by that negligence. In some cases, expert testimony may be necessary to establish the facts of the case.

Related FAQs

Do I need to prove negligence in a defective drug injury claim?

Related FAQs

Related Blog Posts