Products and Drug Liability

When you purchase a product or are prescribed a medication, you expect it to be safe for use. Unfortunately, some products and drugs cause injuries due to defects or insufficient warnings, leaving consumers at risk. In these cases, the law allows you to seek compensation through product and drug liability claims.

What is Product Liability?

Product liability holds manufacturers, distributors, or retailers responsible when a product causes harm. These cases typically fall into one of three categories:

1. Design Defects: A design defect exists when a product is inherently dangerous due to its design, even if it’s manufactured correctly.
2. Manufacturing Defects: These defects occur during production, causing the product to differ from its intended design, making it unsafe.
3. Failure to Warn (Marketing Defects): This type of defect occurs when companies fail to provide sufficient instructions or warnings about a product’s potential risks.

Common Types of Drug Liability Claims

When it comes to medications, drug liability arises when a drug causes harm due to issues with its design, production, or labeling. The most common types of drug liability claims include:

• Dangerous Drug Design: A drug may have an unsafe and dangerous design, even after proper testing and approval, leading to harmful side effects.
• Manufacturing Issues: A problem during the drug’s manufacturing process can lead to contamination or incorrect dosages.
• Inadequate Warnings: Drug manufacturers are required to adequately inform consumers about known risks and side effects. Failing to do so could result in liability if users are harmed.

How Liability is Proven

In product and drug liability cases, proving fault can be challenging. A successful claim must establish that:

1. The product or drug had a defect (design, manufacturing, or labeling).
2. The defect existed when the product left the control of the manufacturer or supplier.
3. The defect caused your injury or harm.

It often takes experts in engineering, medicine, or other fields to provide evidence of the defect and link it to your injury. The legal process involves gathering this evidence and presenting a strong case for compensation.

Parties That Can Be Held Accountable

Liability in these cases can involve multiple parties. Potential defendants include:

• Manufacturers: The companies that design and produce the defective product or drug.
• Distributors and Suppliers: These entities transport the product to stores or pharmacies, and they can share liability if they played a role in allowing the defect to go unnoticed and cause harm.
• Retailers: Even stores or pharmacies that sell the product can sometimes be held responsible if the defective item caused harm to a consumer.

Contact Springer & Lyle

When it comes to navigating a product or drug liability claim, having the right legal representation can make all the difference. At Springer & Lyle, we understand how complicated these cases can be. We work with experts to thoroughly investigate your claim and hold the responsible parties accountable. Contact us today at 940-387-0404 to schedule a free consultation.