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PRODUCT LIABILITY

While the vast majority of the products consumers use are safe and reliable, unfortunately if a product is defective and even dangerous, it can cause injuries that can last a lifetime or result in death. Products can be dangerous from defects in manufacturing, in the design of the product itself or from a failure to provide adequate warnings about dangers inherent in the product itself. Depending on the circumstances, the manufacturer or distributor of the product can be held accountable for the defect which results in injury.

Newly developed drugs can be sold commercially, only after enduring a clinical trial process through which it is tested for safety, toxicity, side effects, and efficacy. The final phase of any clinical trial requires Food and Drug Administration (FDA) approval for distribution. FDA approval does not absolve a drug manufacturer of liability for defects or severe side effects that are caused as a result of using their drugs. Drug manufacturers are required to take comprehensive measures to ensure that their products are safe even after FDA approval. Failure to disclose any side effects, defects, or other such complications associated with their drugs is negligent and grounds for legal action. Although the final phase of any drug clinical trial revolves around long-term studies designed to monitor the effects of continued use of the drug latent effects can still present themselves even after FDA approval and wide distribution and use.

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