Golden Gate University Law Review


In Brown v. Superior Court the California Supreme Court held that a drug manufacturer cannot be held strictly liable for harm caused by a prescription drug. In doing so, the court purported to adopt comment k of RESTATEMENT (SECOND) OF TORTS SECTION 402A (hereinafter comment k), but interpreted the comment as providing a blanket immunity from strict liability for design defects of prescription drugs. The court's decision gives prescription drug manufacturers broad protection against liability. A consumer injured due to the defective condition of a prescription drug must now prove negligence or failure to warn of a known risk.

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