In Alabama, pharmaceutical manufacturers are obligated to fully test products to ensure their safety. They are obligated to warn the public if risks are associated with the use of these products. When a drug manufacturer or distributor releases a potentially unsafe product to the marketplace and markets this product to physicians who prescribe it to patients who later experience unanticipated harm, the injured person or his or her surviving loved ones may decide to take legal action.
Although there are many reasons you need a product liability lawyer if you or a loved one has been injured by dangerous or defective drugs, let’s explore the top four legal theories a product liability lawyer might use to protect your rights:
1. The pharmaceutical manufacturer carelessly brought the drug to market or failed in the performance of adequate tests, ultimately resulting in its release of a dangerous, harmful drug.
2. The pharmaceutical manufacturer breached an implied or express warranty of the product. It didn’t work as the manufacturer promised it would, for the FDA-intended purpose.
3. The pharmaceutical manufacturer failed to warn people who were taking or who might take the drug in the future. The manufacturer should have warned users about possible risks associated with the use or known side effects of the drug, but did not.
4. The pharmaceutical manufacturer is legally liable for a defective product that’s dangerous. If a drug causes unexpected fatalities or injuries when patients use it as prescribed and as intended, the manufacturer faces strict liability.
Regardless which of the above legal theories the experienced defective products attorney decides is appropriate, the plaintiff (potentially, you) must show that the manufacturer’s actions directly caused harm to you or a loved one. In that case, the injured victim or his or her survivors may be eligible for compensation.
If you or a loved one is injured because of a dangerous drug, contact Salter & Ferguson, LLC, the Birmingham Personal Injury Lawyers, now.