Products Liability
| Article 2 of the Uniform Commercial Code |
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| Most product liability law is based on Article 2 of the Uniform Commercial Code (UCC). The Uniform Commercial Code provides contract-based grounds for products liability. The Uniform Commercial Code has been adopted in every state, although the version of the Code may vary from state to state.
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| Pharmacists' Liability for Improperly Dispensing Prescription Drugs |
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| Only pharmacists are allowed to compound, package, label, and dispense drugs. In order to dispense a drug, the pharmacist needs a prescription from a physician or other licensed practitioner. The pharmacist exercises discretion in performing his/her job. This article discusses a pharmacist's liability for improperly dispensing prescription drugs. More... |
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| Human Gene Therapy |
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| Genes are the basic units of heredity. Human genes contain information that tells the body how to work. They are responsible for cellular structure and function. When a gene is defective, it prevents the cell from carrying out its normal functions.
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| Manufacturer's Liability for Over-the-Counter Drug-Related Injuries |
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| Today many drugs begin as prescription medications but are later sold as over-the counter (OTC) drugs. Prescription drugs are drugs that are considered unsafe (due to their toxicity or potential for harmful effects) for use except under a physician's supervision. OTC drugs must be safer than drugs that are dispensed by prescription because they are taken by a consumer without any medical supervision. Manufacturers of OTC drugs can decrease the harmful potential of the drugs by adequately labeling the products. The label must include the appropriate dosage, instructions on the use of the product, any potential side effects, and symptoms or conditions that contraindicate use of the OTC drug. The U.S. Food and Drug Administration (FDA) regulates the labeling and advertising of OTC drugs. More... |
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| Intermediaries' Liability for Distributing Drugs and Medical Devices |
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| As a general rule, intermediaries (retailers, distributors, or wholesalers involved in distributing drugs and medical devices) have the same liability for a drug or medical device as the drug company that manufactured the product. Intermediaries that merely distribute the product can generally avoid liability, but distributors whose only activity involved unwrapping and rewrapping the products for sale to the retailer have been held liable. Some states have laws that prevent non-manufacturers from being held liable for injuries caused by defective products.
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