Powerful Representation Delivered with Compassion
At Pacific Cascade Legal, we understand the complexities surrounding product liability cases and the impact they can have on individuals, businesses, and communities. Our team of experienced attorneys in Portland is dedicated to providing exceptional legal representation to clients involved in product liability disputes. We have a deep understanding of the laws and regulations governing product liability and possess the necessary skills to navigate these intricate cases successfully.
To speak with a Portland product liability attorney, start by filling out an online contact form.
What is Product Liability?
Product liability is a legal term that refers to the responsibility of a manufacturer, distributor, or seller of a product to compensate a consumer for any injury or damage caused by the product.
When a product is sold to consumers, it is expected to be safe for its intended use. If a product has defects or fails to meet safety standards, and someone is harmed as a result, the injured party may have grounds to pursue a product liability claim.
Product liability cases typically involve three main types of defects:
Design Defects: These occur when a product's design is inherently dangerous or flawed, making it unsafe for consumer use even when manufactured correctly.
Manufacturing Defects: These defects arise during the production or manufacturing process, making certain products defective or dangerous while others of the same design may be safe.
Marketing Defects: Also known as "failure to warn" or "inadequate warnings," these defects involve a failure to provide proper instructions or warnings about potential risks or hazards associated with the product's use.
Oregon Product Liability Laws
In Oregon, product liability laws are designed to protect consumers from defective or dangerous products and hold manufacturers and other parties accountable for any resulting harm.
Statute of Limitations for Defective / Dangerous Products
The statute of limitations sets a time limit within which a product liability lawsuit must be filed. In Oregon, the statute of limitations for product liability cases is generally two years from the date when the injury or damage occurred or when it reasonably should have been discovered.
Statute of Repose
Oregon has a statute of repose that limits the timeframe within which a product liability lawsuit can be filed. Generally, the statute of repose is ten years from the date when the product was first sold to the public. However, there are exceptions to this rule, such as when the defect is discovered within the ten-year period.
Strict Liability in Product Liability Cases
Oregon follows the doctrine of strict liability in product liability cases. This means that a plaintiff does not necessarily need to prove that the manufacturer or seller was negligent.
Instead, proving a product liability claim typically requires demonstrating that:
- The product was defective or unreasonably dangerous.
- The defect caused the injury or damage.
- The product was being used as intended or in a reasonably foreseeable manner.
Multiple Parties Liable
Oregon allows for multiple parties to be held liable in a product liability lawsuit. This includes manufacturers, distributors, suppliers, and retailers involved in the chain of distribution of the defective product.
Comparative Fault in Product Liability Cases
Oregon follows the doctrine of comparative fault, which means that if the plaintiff is found to have contributed to their own injury or damage, their compensation may be reduced proportionally. However, Oregon applies a modified comparative fault rule where a plaintiff can only recover damages if their fault is determined to be less than 51%.
Product Misuse and Assumption of Risk
Oregon recognizes that if a plaintiff misused a product or voluntarily assumed a known risk associated with the product, it may impact their ability to recover damages. However, this does not absolve the manufacturer from liability if the product was unreasonably dangerous or if warnings about the risks were inadequate.
Types of Product Liability Cases We Handle
At Pacific Cascade Legal, we have the experience and resources to help you with any product liability issue. We will work with you to develop a legal strategy that is tailored to your specific needs and that will provide you with the best possible outcome.
Our product liability practice covers a wide range of cases, including but not limited to:
- Defective consumer products
- Pharmaceutical and medical device defects
- Automotive defects
- Machinery and equipment malfunctions
- Toxic or hazardous substance exposure
- Food and beverage contamination
- Failure to warn or provide adequate instructions
If you have been injured or suffered damages due to a defective product, our Portland product liability lawyers will review your case and provide you with the legal advice and representation you need to protect your rights and interests. We will work with you to ensure that you receive the compensation you deserve.
Request an initial consultation with our Portland product liability attorneys by dialing (503) 573-5566 now.