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PLEASE NOTE: To protect your safety in response to the threats of COVID-19, we are offering our clients the ability to meet with us in person, via telephone or through video conferencing. Please call our office to discuss your options.

What is Products Liability?

Products liability is an area of law that is designed to protect consumers by requiring manufacturers of products to ensure the use of their products is safe. If a product is defective or causes harm to a consumer, then the manufacturer of that product may be held liable for that harm caused. Prescription drug manufacturers are required to conduct a series of tests to ensure that their product is safe for use before it is released to the public. This process is not short; proper testing and evaluation can take years before a drug is deemed safe for public consumption. Manufacturers unfortunately often take short cuts in this process when they prioritize profit over safety. This behavior leads to product defects and side effects that can be deadly to users of whatever prescription drug in question. If you have suffered an injury or serious health side effects from the use of a prescription drug, then it is important to seek the aid of an experienced products liability attorney immediately. The longer you wait to speak to an attorney, the more difficult it may be for you to recover money for your injuries.

What are the Legal Requirements for Prescription Drug Makers?

A prescription drug maker is tasked with the legal requirement to make their product safe for use by the general public who is professionally prescribed the drug maker’s medication. These prescription drug makers have to satisfy specific requirements with the U.S. Food and Drug Administration (FDA) before these drugs can be released to the consumer market. Since there is no exact federal law regarding products liability, plaintiffs seeking to be compensated for injuries due to a defective or harmful product in the state of New York must follow appropriate state law. A prescription drug maker can be held liable for damages suffered from the use of their product based on one of three legal principles: strict liability, breach of warranty, and negligence.

  • Strict liability: Under strict liability, a product manufacturer or seller is held liable without any consideration of fault on the part of the manufacturer or seller. The simple fact that a product was sold in a defective condition and the use of that product caused injury to the consumer is enough to hold the manufacturer or seller liable. Damages would be awarded in this case even if the manufacturer went to great lengths to make sure that the product was safe for use.
  • Breach of warranty: Under a breach of warranty claim, the user of a product has to demonstrate that the manufacturer or seller of a product made either an expressed or implied claim about the quality of the product which turned out to be false or misleading. In this case, you are not required to show that the product manufacturer or seller was negligent in any way to recover for your injuries, you simply have to show that there was some sort of representation of quality and safety promised with the product, and that representation turned out to be false, leading to injury.
  • Negligence: Under a negligence claim, the user of a product is required to show that they were owed a duty of care by the defendant targeted in a lawsuit, and that duty of care was breached by the defendant. After proving both of those items, the injured party is also expected to demonstrate that the breach of that duty of care directly led to the injuries sustained by the user.

If you have developed cancer or suffered other health issues due to the use of specific prescription drugs, then it is important to understand the legal approach and theory of liability necessary to hold a prescription drug manufacturer or seller legally and financially responsible for your injuries. The area of products liability is a different and inherently technical area where science and law intersect. In order to best understand your legal position, it is important to speak to an attorney who has experience helping people just like you recover for their injuries due to the use of dangerous and defective prescription drugs.

Contact Sam N’ Dan for a Free Consultation

If you or someone you love has developed cancer after using a prescription drug, then it is important to speak with an experienced products liability attorney as soon as possible. If you are looking for an honest assessment of your case that will cost you nothing, then contact us at Meirowitz & Wasserberg, LLP at 1-800-726-6326 today or online here. The advice is free, and our conversations will be confidential even if you choose to hire another attorney. We operate on a contingency fee basis; if there is no recovery, then you are not charged a fee, simple as that.