When the User of a Cosmetic or Over-The-Counter Drug Has

question 10

Essay

When the user of a cosmetic or over-the-counter drug has an adverse reaction to that product, ordinary consumers (i.e., not sophisticated users) have sometimes brought a negligent failure-to-warn action. Describe at least one approach or test used by courts in determining whether a plaintiff can prove negligence in these types of cases.

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Definitions:

Negotiating Party

A person or group involved in discussions aimed at reaching a mutual agreement or settlement.

Appealing

Attractive or interesting, often used to describe qualities, proposals, or aspects that draw positive attention or interest.

Confidence

The feeling or belief that one can rely on someone or something; firm trust.

Control

The ability to steer or command the conduct of persons or the progression of happenings.