Victorville Dangerous Drugs Lawyer
Almost every person takes some form of medication on occasion. Others rely on prescriptions to relieve chronic pain or control elevated blood pressure. Whether a medication is sold over the counter or is available only by prescription, the law says that the makers of these drugs have a duty to produce a safe product. If you have taken a drug and later experienced an unexpected side effect, the maker of that drug may be liable. However, proving liability requires you to connect the drug to the injuries and establish the harm was avoidable.
A Victorville dangerous drugs lawyer could help with your claim. They can take the lead in exploring the reasons for your injuries and connecting the harm to the failures of drug makers. A personal injury attorney could work to evaluate how an incident has impacted your life and demand appropriate compensation for your losses.
When is a Drug Maker Liable for an Injury?
The makers of medications are similar to the makers of any other consumer products in the eyes of the law. This means they must produce products that are safe for their intended use and provide instructions for proper consumption. A drugmaker is responsible for a customer’s injuries when they fail in this obligation. In fact, state law may hold them strictly liable under certain circumstances.
The case of Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (1963) states the maker of a product is automatically liable for an injury if:
- The customer used the product in a reasonable or intended manner
- The product was in a defective condition when it left the control of the maker
- The defective product was the source of the injuries
A dangerous drugs attorney in Victorville could take the lead in investigating the cause of an injury and connecting that harm to the failures of medication makers to keep people safe.
What Factors May Limit a Person’s Ability to Recover Compensation?
Dangerous drug cases are injury cases that take place in civil court. Plaintiffs in these cases must remain aware of the potential limitations of their claims.
Courts in Victorville use modified comparative negligence to assign fault for accidents. This means a defendant can argue an injured person failed to avoid harm. According to California Civil Code § 1714, if a court believes a plaintiff shared some portion of the blame for their injury, they must reduce the compensation awarded by that percentage.
Another potentially limiting factor is time. All injury cases must follow the statute of limitations. This time limit gives people a short period after an injury to demand compensation. Under California Code of Civil Procedure § 335.1, this time limit may be as short as two years. A harmful drugs lawyer in Victorville could help an individual avoid these common limitations on their ability to collect payments.
Contact a Victorville Dangerous Drugs Attorney Today
Drugmakers have a duty under the law to produce reasonably safe products. This means the medication must function as intended, and makers must inform customers of potential side effects. Failure to adhere to either of these duties indicates a drug maker is liable for resulting injuries.
A Victorville dangerous drugs lawyer could help you demonstrate this concept and collect the compensation you deserve. This includes investigating the drug’s history, connecting that history to your injuries, and demanding proper payments in and out of court. Reach out to our team now to learn more.