The law of strict liability, as set forth in Section 402A of the Restatement (Second) of Torts, provides that the seller of a product shall be responsible for injury caused by its defective product, even if all possible care has been exercised in its design, manufacture and distribution. The author discusses the fact that comment k to section 402A has introduced negligence concepts such as forseeability and due care into cases where prescription drugs have caused the plaintiff's injuries and the manufacturer's responsibility is at issue. After a review of cases and testimony from federal legislative hearings on the pharmaceutical industry, the author concludes that the manufacturers and sellers of prescription drugs should not be exempt from strict liability for harm caused by their products.
Patty C. Selker,
An Escape from Strict Liability: Pharmaceutical Manufacturers' Responsibility for Drug-Related Injuries under Comment k to Section 402A of the Restatement (Second) of Torts,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol23/iss1/8