All legal aspects surrounding product liability in Nicaragua. Prepared in association with Bendaña & Bendaña, a leading Nicaraguan law firm, this is an extract from The Pharma Legal Handbook: Nicaragua, available to purchase here for GBP 75.
1. What types of liability are recognized in your jurisdiction?
- Civil Liability
- Criminal liability
2. How do these types of liabilities apply to the manufacturers of medicines and devices?
It must be shown that human health has been affected as a consequence of the medicines or devices. As of today, these types of actions are extremely uncommon in Nicaragua.
3. Does potential liability extend to the manufacturer only or could claims extend to corporate executives, employees, and representatives?
The responsibility belongs to the manufacturer only. The legal representative is notified by the Ministry of Health to respond on behalf of the manufacturer. Corporate executives, employees and representatives of the manufacturer are not responsible in their personal character.
4. How can a liability claim be brought?
It must be filed before a civil court. This type of trial can take from 2 to 5 years in the first instance.
5. What defenses are available?
- Submission of tests on the safety of the medicine or device.
- Documentation issued by the authorities of the country of origin.
- Laboratory tests by the manufacturer.
- Any foreign ruling dismissing a liability action.