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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

What are the elements of a products liability case?

On Behalf of | Dec 6, 2022 | Dangerous Drug Litigation |

Houston residents count on prescription drugs and other medical products to treat a variety of medical conditions.

When those products cause more harm than good, the user may be able to file a medical products liability claim against the manufacturer of the product and other parties responsible for the creation or sale of the defective product.

To prove your medical products liability claim, you will have to establish the following:

The defective nature of the product

The main key to your case will be proving that the product you were using is defective in some way. Most medical product defects fall under one of three categories:

  • Manufacturing: The product defect occurred at some point prior to reaching the consumer.
  • Design: The product was manufactured properly, but the product design was unreasonably dangerous.
  • Marketing: The product lacked appropriate warning labels or instructions for safe use.

Appropriate usage

The user of the medical product has a responsibility to use the product as it was intended by the manufacturer. If you used the product in an unauthorized manner, you may not have a claim for damages.

Causation and injuries

You will have to establish that you suffered harm as a result of using the defective product. You will also need to show that the defect in the product was what caused that harm.

Companies that create medical products should be held accountable for the harm they cause.

If you have suffered an injury or illness due to a defective medical product, consider speaking with an attorney to file a legal claim. You may recover compensation for your medical expenses, pain and suffering, and other damages you suffered.