This Comment will review the history of strict products liability and the policies which have shaped its development. It will examine the state of the law today regarding strict liability for harm caused by prescription drugs, and demonstrate that comment k should continue to govern prescription drugs. Furthermore, it will point out that sound reasoning and public policy dictate that the modified strict products liability of comment k, rather than ordinary strict products liability, is the appropriate theory to establish liability for prescription drugs; it is also the method most beneficial to society's needs. Finally, this Comment will predict how the California Supreme Court will apply comment k to prescription drugs when the court is faced with the appropriate case.
Charlotte Smith Siggins,
Strict Liability for Prescription Drugs: Which Shall Govern-Comment K or Strict Liability Applicable to Ordinary Products?, 16 Golden Gate U. L. Rev.