Cases that allege a dangerous drug caused a person’s injury or illness are common in Houston. People often take prescription medications or use over-the-counter substances to treat their conditions. That said, drug companies have a duty under the law to provide a product that is safe for its intended use.
The theory of negligence in Houston dangerous drug claims alleges that a medication manufacturer did not take proper care when developing their product, causing a person to suffer injuries or losses. Therefore, you could pursue a negligence claim if a defective product caused your injury or illness. A dedicated hazardous medication attorney at Roberts Markland LLP could explain the concept of negligence and help you hold the responsible parties accountable for their actions.
Negligence is the most frequent cause of action in personal injury lawsuits in Houston. Often, negligence suits are appropriate when someone suffers an injury because of another party’s reckless actions. However, in these cases, plaintiffs are not required to prove that a defendant intended to cause them harm.
Instead, the law says that specific people and companies assume a duty to protect others from injuries. If these parties fail to uphold that duty or act recklessly, they are liable for all resulting damages.
Drug manufacturers and other consumer product developers must protect their customers. This duty is automatic when offering products for sale to the general community. As a result, drug makers must be sure that their products are safe for their intended use.
While these cases rarely require connecting an injury directly to hazardous medicines, claimants in dangerous drug claims may pursue their cases in several ways. For example, plaintiffs can present evidence to prove the following:
Unfortunately, the law offers manufacturers immunity in dangerous drug cases. For example, according to Texas Civil Practice & Remedies Code §82.007, an FDA-approved warning label on medication could prevent a drug developer from being held liable for injuries in cases that allege inadequate instructions.
However, a skilled attorney in Houston could help gather the proper evidence to show that a drugmaker was negligent in allowing an injury to affect a patient.
Medication manufacturers are required under the law to make safe products for their intended use. A failure to develop a safe drug during either the design or development of a drug could lead to a negligence claim, making the manufacturer liable. If an unsafe medication caused your injuries, you have the right to seek compensation from a negligent manufacturer for your losses.
A dedicated and experienced lawyer may be able to help you prove negligence in Houston dangerous drug claims. Establishing these cases includes explaining the concept of negligence, obtaining evidence about the drug’s design or manufacture, and demonstrating that a medication developer was responsible for your losses. Reach out to a legal team member at Roberts Markland LLP today to schedule a consultation and discuss your options.
