Strict Liability for Drug Manufacturers
In many personal injury cases, such as car accidents, the injured person must prove the negligence of another party. However, the burden of proof for medication claims is must different. According to the legal concept of strict liability, drug companies must ensure their products are safe for use before placing them on the market.
Patients do not need to prove the negligence of the pharmaceutical company to be eligible for compensation. The drug manufacturer could be held financially responsible for damages consumers may sustain while taking the medication, but their liability may be limited in certain cases.
If the patient failed to follow instructions, took the wrong dose, or disregarded the warning label, they may not be eligible for damages. A local attorney could help a consumer determine if they could recover compensation from a pharmaceutical company.