A pharmaceutical company has disclosed a list of side effects of its new prescription drug.A consumer, taking the drug in the right doses, suffers from one of these side effects and sues the company for product liability.Which of the following would be the pharmaceutical company's defense in this lawsuit?
A)The consumer was injured due to a supervening event.
B)The consumer had assumed the disclosed risks when purchasing the drug.
C)The side effects suffered by the consumer were generally known dangers of the drug.
D)The consumer abnormally misused the drug.

Question

Quizplus · Accepted Answer

The pharmaceutical company's defense would be that the consumer had assumed the disclosed risks when purchasing the drug. By disclosing the list of side effects, the company has fulfilled their duty to warn the consumer of the potential risks associated with the drug. The consumer had the choice to make an informed decision about whether to take the drug or not, knowing the potential side effects. Therefore, the company would argue that they are not liable for any harm that resulted from the drug's disclosed side effects.

A Pharmaceutical Company Has Disclosed a List of Side Effects