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.

Industrial

Tools and equipment used in industrial settings that can lead to legal claims include vehicles, forklifts and other lift devices, machinery such as wood and metal lathes and grinders, solvents and other chemicals, and many others.  Non-approved use of otherwise proper equipment, tools and chemicals is a common cause of industrial accidents.

Construction Site

Tools and equipment used in construction in some circumstances may cause injury that will support a legal claim. Examples may include: asbestos, blasting supplies, chemicals, crane, drain pipes, elevator, floors, hand saws, skill saws, table saws, jacks, ladder, lifter, loader, nail guns, staple gun, stud gun, panel cutter, power lines, power tools, scaffolding, steel cable and welding equipment.

Household

The household products that we use everyday in some circumstances may cause injury. Depending on the product and the circumstnaces of the injury, a viable legal claim may or may not exist.  Product examples include: baby walkers, bed rails, child toys, contact lenses or solutions, cosmetics, cribs, food, exercise equipment (treadmill, elliptical, stair master), fireworks, garage door and opener, hair bleach, lawn mower, mower blade, paper shredder, spacer heater, tobacco, cigarette, and water vaporizers and humidifiers.

Manufacturing and Warehouse

Products used in manufacturing and warehousing operations in some circumstances may cause injury. Examples of products that may lead to legal claims include: aerial lift, automotive lift, conveyor belt, blow fan, deep fryer, forklift, machines, pneumatic pump, presses, pressure relief valve, pressure-reading gauge, shut off valve and smokestack.

Medical Devices

Medical devices in some circumstances may cause injury and claims. Examples may include: blood or tissue products infected with disease (HIV, AIDS, hepatitis, etc.), breast implants, cervical spacers, heart valves and hip prostheses.

Prescription Drugs

Prescription drugs in some circumstances may cause injury and claims. Examples may include: arthritis medications (e.g., VIOXX), hormone replacement therapy (HRT), and cold medicine.

Recreation

Recreational vehicles, boats and related equipment in some circumstances may cause injury and claims. Examples include: ATV, ATC, bicycles, bicycle helmets, dune buggy, dynacraft, guns, firearms, hand brake, off-road dirt bike or motorcycle, motorcycle helmet, recumbent bike, snowmobiles, wego kite tube, and Sportsstuff Wego Kite Tube.

Vehicles

Vehicles and related parts in some circumstances may cause injury and claims. Examples may include: airbags, cruise control systems, campers, cars, car tires, child car seats, gas tanks, motorcycles, motor homes, roofs which can collapse, RVs, seat belts, seat heaters, SUVs, trailers, trucks which prone to rollover and vans.

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 503-445-2103.

NEWS

Kocher Elected Chair of Products Liability Committee

Partner Scott Kocher has been elected to serve as Chair of the Products Liability Section of the Oregon State Bar for 2009.  The Products Liability Section provides support and resources relating to products liability law to attorneys statewide.

SPOTLIGHT

Crib Defects Revealed

Recent reports are raising concerns about dangerous defects in current-model cribs.  The reports follow an October 2008 recall of 1.6 million cribs.  At issue are potential strangulation hazards created by drop-rail and platform designs, including certain models distributed by Delta Enterprise.  Our firm welcomes inquiries from parents who wish to speak with an attorney about safety concerns or injuries related to a defective crib or baby bed.  Please call 503-445-2103 or 1-800-800-1004.

INVESTIGATIONS

Propane and Gas Stove Explosions or Fires

Our attorneys are currently investigating injuries and fatalities caused by propane and gas stoves, fireplaces, and other heating devices.

Learn more.

Medtronic and Other Neck and Spine Surgery Product Failures

Our attorneys are currently accepting inquiries regarding the Medtronic Infuse implant or graft used in neck or spinal surgeries. Learn more about this issue and our recent neck and spine product litigation.

Surgical Mesh Products

Our Portland, Oregon-based attorneys are investigating failures of Bard Composix Kugel Mesh Patch and other surgical mesh products used to secure internal surgery. We welcome your confidential inquiry.  Contact: Jamie Telegin at 503-445-2103.

OUR SERVICE AREA:

Our attorneys are licensed in Oregon and Washington, and serve people who have been hurt throughout the Pacific Northwest.  The cities we serve include:

In Oregon:

Portland, Corvallis, Beaverton, Hillsboro, Albany, Ashland, Astoria, Bend, Condon, Coos Bay, Corvallis, Cottage Grove, Eugene, Florence, Forest Grove, Grants Pass, Gresham, Heppner, Hermiston, Hillsboro, Hood River, John Day, Junction City, Keizer, Klamath Falls, La Grande, Lake Oswego, Lakeview, Lebanon, Lincoln City, McMinnville, Medford, Milwaukie, Monmouth, Newberg, Newport,  Ontario, Oregon City, Pendleton, Prineville, Redmond, Roseburg, Salem, Sandy, Sisters, Springfield, St. Helens, Swet Home, The Dalles, Tigard, Tillamook, Troutdale, Tualatin, West Linn, Wilsonville, Woodburn.

In Washington:

Vancouver, Seattle, Tacoma, Olympia, Battle Ground, Washougal, Longview, Kelso, Woodland, Long Beach, Battleground, Aberdeen, Bellingham, Everett, Shoreline, Port Angeles, Wenatchee, Spokane, Walla Walla, Kennewick, Yakima, Port Townsend, Redmond, Mill Creek, Kirkland, Bellevue, Renton, and Auburn.