Pharmaceutical product liability in Spain

Article type: Research Article

Authors: Solé Feliu, Josep

Affiliations: Senior Lecturer of Civil Law, University of Girona, Spain | E-mail: josep.sole@udg.edu

Correspondence: [*] Corresponding author: Senior Lecturer of Civil Law, University of Girona, Spain. E-mail: josep.sole@udg.edu.

Abstract: This paper aims at describing the different liability regimes applicable to damages caused by pharmaceutical products. Special attention is paid to the strict liability regime foreseen in the European Directive 85/374/CEE, on the liability of the manufacturer for defective products. It also deals with some of the main characteristics of the Spanish procedural system, when referred to tort liability procedures aimed at compensating damages caused by defective products.

Keywords: Tort law, product liability, pharmaceutical products

DOI: 10.3233/PPL-180468

Journal: Pharmaceuticals Policy and Law, vol. 20, no. 1-4, pp. 143-161, 2018