[Allergy Injuries] Drug company ABC Drugs introduced a new over-the-counter allergy pill guaranteed to prevent sneezing and sniffling for twenty-four hours after the consumption of one pill. The packaging contained warnings of the drug's side effects, including nausea and headache. After it was initially put on the market, the company became aware of a risk of dizziness from the drug in people with high blood pressure. However, the company did not warn of the additional risk because the company was concerned that individuals might not buy the pill. The risk of dizziness for the average person was extremely low. Julia had suffered allergies for years and had tried nearly every new product on the market. She even maintained a blog called "Ask the Expert About Allergies." She thought that ABC's pill was a great idea and purchased it at her local convenience store. She purchased the product after the date the company became aware of the issues involving dizziness. She took one pill and felt fine for a few days. Then, however, she began feeling dizzy. Her dizziness caused her to fall and break her leg on a flight of steps. She later discovered that the allergy pill likely made her dizzy. Julia sued under state law alleging failure to warn of the dangerous side effect of the drug. The drug company claimed that it had no duty to list dizziness as a risk because it was an over-the-counter drug and the risk of dizziness to the average person was extremely rare.
-With regard to Julia's blog, what defense could the company claim?
A) Misuse.
B) Sophisticated-user.
C) Assumption of the risk.
D) State-of-the-art.
E) Statute of limitations.
Correct Answer:
Verified
Q60: [Squirt Gun Mishap] Marie decided to purchase
Q61: [Disappointing Boat Purchase] Ava went to purchase
Q62: [Allergy Injuries] Drug company ABC Drugs introduced
Q63: [Lead paint] Alessia grew up in an
Q64: [Lead paint] Alessia grew up in an
Q66: [Disappointing Boat Purchase] Ava went to purchase
Q67: _ is a theory of negligence that
Q68: [Disappointing Boat Purchase] Ava went to purchase
Q69: If Alessia is awarded one million dollars
Q70: [Lead paint] Alessia grew up in an
Unlock this Answer For Free Now!
View this answer and more for free by performing one of the following actions
Scan the QR code to install the App and get 2 free unlocks
Unlock quizzes for free by uploading documents