When you take a medication, you expect it to be safe and help your condition. Unfortunately, defective and dangerous drugs regularly reach the market and are sold to consumers. If you have taken a medication that resulted in a personal injury, unwanted drug interaction, or other harmful side effects, you might benefit from speaking with a Mount Pleasant dangerous drugs lawyer.
The manufacturers and distributors of drugs have responsibilities to keep consumers safe. When they neglect this duty and cause harm, you may have a legal right to seek compensation. A well-versed personal injury attorney could explain your rights, answer your questions, and work toward compensation for your damages.
What are the Laws Concerning Dangerous Drugs?
Drug manufacturers have a legal obligation to design and manufacture products that do not pose an unnecessary risk of harm to consumers when taken properly. To try and ensure safety, manufacturers are required to submit their products to extensive testing before they may be put out into the market. In addition, any discovered side effects must be listed on the retail packaging as a warning to consumers. Despite these precautions, potentially harmful substances often enter the market, sometimes with a label proclaiming them safe for human consumption by the U.S. Food and Drug Administration.
South Carolina law states that makers and distributors may be liable and held responsible for any defective drug that causes injuries. Pursuant to South Carolina Code of Laws §15-73-10, liability can be found if these entities knowingly sold defective products at a consumer level without substantial change to its defective condition. This is a strict liability statute, meaning a drug manufacturer may not be able to avoid liability even if they provide evidence that precautions were taken during the design and manufacture of the medication.
Possible Challenges to Proving Responsibility
In a dangerous substance case, the victim may have to provide scientific evidence that a defective substance negatively impacted their health. While injuries may be painful and apparent, this process can quickly become complicated and often necessitates testimony from a pharmacologist or other expert.
Possible examples of negligence could include inadequate labeling of substances and their side effects, improper testing methods, or faulty design. Proving these actions of negligence can be difficult for someone who does not possess an understanding of the law and its many nuances. A knowledgeable Mount Pleasant lawyer may be able to help an injured individual navigate the complexities of dangerous drug law in order to successfully make a case.
What is Potential Recovery for Damages in Mount Pleasant?
If a drug is proven to be harmful or dangerous, a person may file a claim for compensation. This claim could request recovery for physical injuries and the associated costs of treating them. Along with pain and suffering, additional requests for compensation may include economic losses due to missed work or an inability to return to work.
Victims may also request recovery for emotional trauma sustained from the injury, such as loss of enjoyment of life. A dedicated attorney in Mount Pleasant could help to assess the facts of a dangerous medications case and work toward fair compensation for an injured party.
How a Mount Pleasant Dangerous Drugs Attorney Might Help
Countless medications enter the market every year that are defective and potentially dangerous. If you have safely taken medication and were injured as a result, you may benefit from speaking with an experienced attorney.
You should not have to deal with a complex legal system and aggressive insurance companies while you try and recover. A dedicated Mount Pleasant dangerous drugs lawyer could work tirelessly to establish a legal theory for a case, adequately demonstrate your losses, and build a strong claim for compensation. Contact us today to get started with your case.