Defective Products

Products can injure if they are defectively designed or defectively manufactured.  A product can also be defective if it fails to warn about certain risks of use. Manufacturers and distributors of products can be held liable for defective products.

If you or a loved-one has been injured by a defective or dangerous product, it is important to have a lawyer evaluate any claim you may have. The law provides strict deadlines for bringing claims relating to defective or dangerous products. A Washington or Oregon lawyer with experience in products claims at our firm can provide a free consultation to discuss injuries, claims and your rights. 

Oregon Products Liability Law

Under statutory law in Oregon, an attorney may file a product liability claim on behalf of a person who suffers personal injury against a manufacturer, distributor, seller or lessor of a product for damages for 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.

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 that an alteration or modification of a product occurred.

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.

An Oregon personal injury attorney may also 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.

An Oregon personal injury lawyer can help an injured person evaluate and, if appropriate, pursue product liability claims relating to any number of defective products. Those defective products can found in many situations.

Click any of the links below to learn more:

Industrial

Construction Site

Household

Medical Devices

Prescription Drugs

Recreation

Vehicles

Products Liability in Nursing Homes

CASE UPDATE: Bed Handles, Inc. is attaching a new warning to its "bed handle" model.  The firm's attorneys have handled a claim aginst Bed Handles, Inc. Click here for the Complaint. For further information, please contact Jamie Telegin at 503-445-2100.