Oregon Products Liability Law: An Introduction

1.  Statutes

Oregon's product liability statutes are found starting at ORS 30.900.  The following information provides a brief introduction to this complex area of law.

2.  Who Can Be Liable? 

Under Oregon law, liability extends up the "chain of distribution": sellers, lessors, distributors, and manufacturers can be held liable for defective products.

3.  Bases of Claim

Under statutory law in Oregon, an attorney may file a product liability claim on behalf of a person who suffers personal injury, death or property damage arising out of:

(1) any design, inspection, testing, manufacturing or other defect in a product;

(2) any failure to warn regarding a product; or

(3) any failure to properly instruct in the use of a product.

4.  Strict Liability Rule

Oregon has adopted a strict liability rule:

One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if:

(a) the seller or lessor is engaged in the business of selling or leasing such a product; and

(b) the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.

5.  Presumptions

There is, however, a disputable presumption in a products liability civil action in Oregon that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. Under certain circumstances, there is also a defense to a products liability civil action where an alteration or modification of a product occurred.  Other defenses may also be available.

6.  Punitive Damages

An Oregon personal injury attorney may pursue punitive damages on behalf on an injured person if certain criteria are met:

(a) the likelihood at the time that serious harm would arise from the defendant’s misconduct;

(b) the degree of the defendant’s awareness of that likelihood;

(c) the profitability of the defendant’s misconduct;

(d) the duration of the misconduct and any concealment of it;

(e) the attitude and conduct of the defendant upon discovery of the misconduct;

(f) the financial condition of the defendant; and

(g) the total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected.

The links below provide product and claim information by category:

Industrial

Construction Site

Household

Medical Devices

Prescription Drugs

Recreation

Vehicles

Contact Us

Vangelisti Kocher LLP
811 SW Naito Parkway
Suite 420
Portland, OR 97204

Tel: 503.445.2100
Toll free: 1.800.800.1004

Disclaimer: Information on this page is not legal advice.  Please contact an attorney in your state if you have questions.