Civil liability for defects in the production and distribution of medicines

Based on each society's judicial, social and economic structures and approaches, the principle of strict liability for producing defective goods has been accepted, without the need to prove the fault of the producer and distributor. In the Iranian legal system, however, liability based on fault is still the dominant judicial approach. However, considering that in today's modern and industrial age and the technological complexity of production and professions, protection of consumer rights is appropriate to accept strict liability. So the tendency of the Iranian legal system to accept pure responsibility in the field of consumer protection in various laws, including regulations on the production and distribution of medicines, is an essential step in building public confidence. To avoid imposing strict liability on the manufacturers and distributors of the pharmaceuticals, they must be produced and distributed safely to consumers; hence, they use them without the fear of harm or danger. Of course, this is associated with legal responsibility and obligation. However, suppose a person is harmed due to the use of a defective drug; in that case, it is necessary to prove the causal relationship between the harm and the defect of the drug.