A pharmaceutical company has disclosed a list of side effects of its new prescription drug. A consumer who takes 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 in this lawsuit would be that the consumer had assumed the disclosed risks when purchasing the drug. By disclosing the list of side effects, the company provided the consumer with sufficient warning about the potential risks associated with the drug. If the consumer chose to take the drug despite the disclosed risks, it would be considered an assumption of those risks.

A Pharmaceutical Company Has Disclosed a List of Side Effects