Civil responsibility for driving under the influence of pharmaceutical drugs in Germany.
The dangers of medication for traffic safety have been vastly underestimated in modern society. The widespread and ever-growing use of medical drugs - in particular psychopharmaca - without a thought given to how these drugs may affect the ability to drive a car, gives a clear indication that it is time to take a close look at the problem. This article focuses on the civil liability under German law for traffic accidents resulting from the use of medication. Basically, three potential defendants come to mind when one searches for addresses of claims for damages. Apart from the driver himself or herself, these are the doctor who prescribed the drug and the manufacturer who manufactured the drug. This article argues that - at least from a German law perspective - in many cases it will ultimately make more sense to include the doctor (on a negligence liability theory) and the drug manufacturer (on a strict liability theory) as defendants in an action for damages than merely to go after the obvious perpetrator, namely the driver.
Fuellmich
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Institute for Medical Law and Pharmaceutical Law, University of Göttingen, Germany.
D001334:Automobile Driving / Q000331:legislation & jurisprudence*; D004345:Drug Industry / Q000331:legislation & jurisprudence; D011307:Drug Prescriptions; D064420:Drug-Related Side Effects and Adverse Reactions; D005858:Germany; D006801:Humans; D007258:Informed Consent / Q000331:legislation & jurisprudence; D016365:Liability, Legal; D010820:Physicians / Q000331:legislation & jurisprudence; D012941:Social Responsibility