Warning: Alabama Court’s Blame-Shifting Pharma Decision Will Have Serious Side Effects
Can a product manufacturer be subject to liability for a competitor’s product? American tort law has always said, “No.” It does not matter if the products are identical. Companies are not to be their competitors’ keepers. Nor are they to be insurers of their competitor’s products. Nevertheless, last month, the Supreme Court of Alabama overturned this fundamental of tort law. It held that a manufacturer of a brand-name prescription drug can be subject to liability even when a plaintiff alleges that he or she was harmed by a generic drug made by the brand-name manufacturer’s competitor.