Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

The Responsibility of Drug Producer in Tort Liability for Defects in Its Products (a Comparative Study)

Author(s): Saman Ahmed Shihab & Saman Ahmed Shihab

The risks of scientific development are the relatively recent emergence in the legal system of the producer being responsible for its defective products, and the drug is among these products and with its risks that increase the probability of the damages, it is imposed on the legislator put a special system for liability for the risks of the drug producer. And since drug is one of the important products that aim at human health and safety, in addition to the economic importance of medications and the large funds invested in these industries, expanding the production base of pharmaceutical companies and starting their marketing to global markets. And the fact that the drug is closely related to human health and safety, but in some cases a person is unable to dispense with a drug product that he thinks is in dire need of it to relieve the pain or save his life. The medication is one of the inherently dangerous things that may cause harm to people in their money or their bodies from here attracted the topic of drug producer great attention, and was the subject of a lot of talk especially with regard to defining the concept of the drug and the defective drug, its product, and the obligations imposed on it, and the Iraqi legislator did not care about the subject of the drug and the obligations imposed on its product and did not put a specific definition for it, so we affected the research in this topic And comparing it with the French legislation, the legislation of the United States of America and the Egyptian legislation, to reach the best results.

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