Who is the Liable Party for a Defective Drug Injury?

If you were injured due to a defective drug, you may be unsure of who should be held responsible. If this is the case, follow along to find out how a proficient Chesterfield County defective product lawyer at The Cockrell Law Firm, PC can help you navigate what route is best to take to reach justice.

Who is the responsible party for my defective drug injury?

More often than not, the drug manufacturer is to blame for a defective drug injury. Such negligence is seen in the following scenarios:

  • The drug was unsafely designed: you must prove that the manufacturer did not account for consumer safety and that there was a safer, economically feasible means to design the drug without hindering its function.
  • The drug was negligently manufactured: you must prove that the manufacturer cut costs or otherwise diverted from the drug’s blueprint which caused it to become unsafe.
  • The package did not come with a clear hazard label or instructions on how to and how not to use the drug: you must prove that clear marketing would have prevented the accident from occurring.

On the other hand, if the drug became defective during the distribution process, the drug distributor would be considered the at-fault party.

And sometimes, the responsible party for a drug injury is a negligent doctor or pharmacist who prescribed or supplied the incorrect medication. In this case, you may be eligible to file a medical malpractice claim with the assistance of a talented Chesterfield County medical malpractice lawyer.

If you are still uncertain about who should be held responsible for your defective drug injury, do not hesitate in reaching out to a dedicated Chesterfield County personal injury lawyer today who can help you identify the at-fault party to file against.

What are important steps to follow for my defective drug injury claim?

Most importantly, it is best to keep the drug so that you can prove its defect in your product liability claim. This means preserving the drug, or at the very least taking photos of it. Also to satisfy the burden of proof, you should also immediately call 911 at the time of your accident, as they will write up a report and call up medical services. You should make sure that you collect any and all medical documentation and bills from that point forward.

Also worth mentioning, the statute of limitations for product liability claims in the state of South Carolina is generally three years from the date of the accident. Filing anytime afterward will prohibit you from suing.


Our legal team has significant experience helping clients through a wide array of legal matters, including those involving criminal law, personal injury law, divorce & separation, and family law. For competent and trustworthy legal counsel, simply contact The Cockrell Law Firm, P.C. today to schedule your free initial consultation with our legal team.