Product liability is Based on the Assumption of Negligence

“When your physician prescribes you a medication, their intention is to help you find relief from the symptoms of an illness or condition. You may, however, be unknowingly filling a dangerous pharmaceutical when you visit the pharmacy. This is not necessarily the fault of the physician, but rather the fault of the drug manufacturer. For instance, the manufacturer may be marketing false claims for this pharmaceutical, or the FDA may have decided to recall your drug after you filled your prescription. Whatever the case may be, such pharmaceuticals have the potential to cause serious harm to unknowing consumers.” (http://www.shw-law.com/)

Pharmaceutical products need to be approved by the U.S. Food and Drug Administration first before these can be made available in the market. Before gaining approval by the FDA, however, the drug’s manufacturer will have to show proofs that the drug has been tested and proven safe and effective for patient use.

Pharmaceutical companies have the legal obligation to make sure that all their products are safe and effective and that the risk/s associated with using their medicine (if here are any) are clearly indicated in their product’s label. Companies which negligently fail in their duty to inform consumers about the risks associated with using their medical product can be sought after by those harmed due to use of these products. Legal action that will enable those harmed to seek compensation from negligent pharmaceuticals is a right that victims have under the law. This legal action against manufacturers is called product liability, a legal responsibility of manufacturers, distributors and sellers in compensating consumers harmed or injured by defective or harmful products.

Product liability is based on the assumption of negligence, an act many manufacturers are guilty of. Negligence can result to failure in performing an important step in the production process, adding a step that is not part of the production steps, or failure to produce goods that comply with industry standards. Regardless of the consequence of this negligence, liable parties should be legally obliged to compensate those who they harm or injure.

Individuals who have sustained an injury, especially a serious one, due to use of a defective pharmaceutical product, would require further medical treatment and a recovery period, which will necessitate absence from work. Though the law allows those harmed by defective pharmaceutical products to receive compensation from the liable party, the amount of compensation which will depend on the extent and effects of the injury should be determined in a lawsuit (in out-of-court settlements, liable parties usually offer victims the least amount of compensation). Due to this, it may be advantageous for injured victims to seek representation from a seasoned personal injury lawyer.