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Defective ProductsProducts 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. 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: Recreational and Outdoor Products Vehicles and Automotive Products
US Consumer Product Safety Commission - Recent Recalls and Product Safety NewsRecalls and product safety news from CPSC Telebrands Recalls Scarves with Microwaveable Heat Packs Due to Fire and Burn HazardsThe heat packs can overheat when heated in a microwave oven, posing a fire and burn hazard to consumers. Posted on 10 March 2010 | 11:15 am
Byer California Recalls Girl's Jackets with Drawstrings Due to Strangulation HazardThe drawstrings on the neck and waist of the jacket can pose a strangulation or entrapment hazard to children. Posted on 10 March 2010 | 11:15 am
Girl's Hooded Jackets with Drawstrings Recalled by Regaliti Due to Strangulation Hazard; Sold Exclusively at Burlington Coat FactoryThe jackets have a drawstring through the hood, which can pose a strangulation hazard to young children. Posted on 10 March 2010 | 11:15 am
Boys' Hooded Sweatshirts with Drawstrings Recalled by Brand Evolution Due to Strangulation HazardThe hoodies have drawstrings through the hoods that pose a strangulation hazard to children. Posted on 10 March 2010 | 11:15 am
Gerber Legendary Blades Recalls Machetes Due to Laceration HazardThe saw side of the machete can stick in wood during use, and if the user's hand slips off the handle and slides forward across the machete blade, this poses a laceration hazard. Posted on 9 March 2010 | 3:20 pm
Risk of Strangulation Prompts Recall to Repair Roman Shades by Ethan AllenStrangulation can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the shade or when a child pulls the cord out and wraps it around his/her neck. Also, strangulation can occur when a child's neck become entangled on the free-standing loop. Posted on 4 March 2010 | 2:50 pm
LELE & Company Recalls Children's Hooded Sweatshirt Sets with Drawstrings Due to Strangulation HazardThe sweatshirts have a drawstring through the hood, which can pose a strangulation hazard to young children. Posted on 3 March 2010 | 3:30 pm
Boys' Hooded Jackets with Drawstrings Recalled by Ten West Apparel Due to Strangulation Hazard; Sold at Burlington Coat FactoryThe children's jackets have drawstrings through the hood which can pose a strangulation hazard to children. Posted on 3 March 2010 | 9:30 am
Children's Bracelets Recalled by Chandigarh Fashion Due to Violation of Lead Paint StandardThe surface coating on the bracelets contains high levels of lead, violating the federal lead paint standard. Posted on 3 March 2010 | 9:30 am
Outdoor Lighting Fixtures Recalled by American Electric Lighting Due to Shock HazardImproper wiring in the light fixtures poses a shock hazard to consumers. Posted on 3 March 2010 | 9:30 am
Daiso To Pay $2 Million Civil Penalty for Violations of Federal Safety Laws and Must Stop Importing Children's Products and Toys Into U.S.The U.S. Consumer Product Safety Commission (CPSC) announced today that Daiso Holding USA Inc., Daiso Seattle LLC, of Seattle, Wash. and Daiso California LLC, of Hayward, Calif. have agreed to pay a $2.05 million civil penalty and stop importing children's products and toys into the United States. Due to alleged violations of federal safety laws, the company must now demonstrate to the Commission that it has sufficient knowledge of and is in compliance with CPSC safety standards and testing requirements. Posted on 2 March 2010 | 5:40 pm
Risk of Strangulation Prompts Recall to Repair Roman Shades and Roll-Up Blinds by MeijerRoll-up Blinds-Strangulations can occur if the lifting loops slide off the side of the blind and a child's neck becomes entangled on the free-standing loop or if a child places his/her neck between the lifting loop and the roll-up blind material. Roman Shades-Strangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. Posted on 2 March 2010 | 4:20 pm
Children's Fork and Spoon Sets Recalled by Peachtree Playthings Due to Choking Hazard; Sold at Dollar Tree and DealsThe middle two prongs of the plastic fork can detach, posing a choking hazard to children. Posted on 2 March 2010 | 3:45 pm
Risk of Strangulation Prompts Recall to Repair Roman Shades by Lutron ElectronicsStrangulations can occur when a child places his/her neck between the exposed inner cord and the fabric on the backside of the blind or when a child pulls the cord out and wraps it around his/her neck. Also, in manual Roman shades, strangulations can also occur if the shade's looped bead chain is not attached to the wall or to the floor and a child's neck becomes entangled on the free-standing loop. Posted on 2 March 2010 | 3:45 pm
Commercial Ice Cube Machines Recalled by Scotsman Due to Fire HazardThe solenoid, an electrical component in the product, can fail and result in an electrical arc that can pose a fire hazard. Posted on 25 February 2010 | 1:00 pm
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 |
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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 continue to raise concerns about dangerous defects in drop-side cribs, as well as other current crib models. At issue are potential suffocation and strangulation hazards created by drop-rail and platform designs, including certain models manufactured by Dorel Asia and Stork Craft and others distributed by Delta Enterprise. Please see our investigations section below for more information. INVESTIGATIONS Dorel Asia and Stork Craft Drop-Side Crib Child Injury Our attorneys are currently investigating baby and child entrapment, suffocation, and fall injuries caused by Dorel Asia drop-side cribs. We are also investigating similar injuries involving Stork Craft drop-side cribs recalled in the largest crib recall in U.S. history. Learn more about drop-side crib injury. Vertebral Body Replacement Injury Our attorneys are currently accepting inquiries regarding the Synthes Synex II Vertebral Body Replacement (VBR) used in thoracic and lumbar spinal surgeries. Learn more about this issue. Child Stroller Injury Our attorneys are currently investigating fingertip amputation injuries and lacerations caused by hinges in Maclaren strollers. 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. 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: Albany, Ashland, Astoria, Beaverton, Bend, Corvallis, Eugene, Grants Pass, Gresham, Hermiston, Hillsboro, Hood River, Klamath Falls, La Grande, Lincoln City, McMinnville, Medford, Newport, Pendleton, Portland, Roseburg, Salem, The Dalles, and Tillamook. In Washington: Aberdeen, Bellingham, Everett, Kennewick, Longview, Olympia, Port Angeles, Seattle, Spokane, Tacoma, Vancouver, Walla Walla, and Yakima. |
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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.