Product Liability (Pharmaceutical Products)

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What is a Product Liability Action?

Taking an action for an alleged pharmaceutical injury comes under the area of product liability. Product liability actions are those involving injury and financial loss brought about by a defective product.

Mostly, these cases are governed by the Sale of Goods and Supply of Services Act 1980, the Liability for Defective Products Act 1991 and also Common Law Negligence and Contract Law.

Who May Be Responsible?

A number of legal judgments have further developed the area of product liability and have placed the obligation of "reasonable care" on the manufacturer to ensure that the goods are not dangerous as a result of being defective or inherently dangerous.

In relation to pharmaceutical products which cause injuries to the consumers/patients, fundamental questions are raised as to the appropriate balance between the extent of risk and how much the product benefits society as a whole. A balance must be struck between the benefit to the individual and the risk posed.

Manufacturers have a duty of care, which is of a continuing nature. If the manufacturer learns of a danger to the product after it has been supplied to customers, the manufacturers must take reasonable steps to warn the consumers/patients of these risks. If the risk is sufficiently serious, they may even be expected to recall the product.

Time Limit- Statute of Limitations

The time limit imposed for filing a product liability claim with the courts is 3 years under the Liability for Defective Products Act 1991. However, due to the complex nature of this type of litigation it is advisable to seek specialist legal advice as soon as you become aware of a potential claim. In some cases the statute of limitation can be as short as 2 years, therefore the sooner legal advice is obtained the better.

Making a claim

For further information, please contact Malcomson Law by calling 01 8744422 or complete an Online Enquiry Form. Your enquiry will be forwarded to a solicitor who specialises in this area.