Oregon Product Liability Lawsuit: Who Is Liable?

As a consumer, we trust the products we buy to be safe and reliable, but unfortunately, this is not always the case. When a product is defective and causes harm to a person, they can file a product liability lawsuit against the responsible party. In the state of Oregon, there are specific laws that determine who is liable in a product liability lawsuit.

Understanding Product Liability

Product liability refers to the legal responsibility a manufacturer, seller, or distributor has when their product causes harm to a consumer. It is based on the concept of negligence, where a company can be held accountable if they fail to take reasonable steps to ensure their product is safe for use.

Types of Product Defects

There are three types of product defects that can lead to a liability claim:

Design Defects

A design defect occurs when the product is inherently unsafe, and the issue is present before the product is even manufactured.

Manufacturing Defects

A manufacturing defect occurs when the product is safe by design, but an error during the manufacturing process causes it to become unsafe.

Marketing Defects

A marketing defect refers to inadequate instructions or warnings that fail to educate the consumer on how to use the product safely.

Oregon Product Liability Laws

Oregon has its own product liability laws, which determine who can be held responsible in a liability claim.

Manufacturers

Manufacturers are held strictly liable for any injuries caused by their defective products. This means that the manufacturer can be held responsible for injuries even if they were not negligent or at fault.

Distributors

Distributors can also be held liable if they knew the product was defective and did not take steps to remedy the issue. This means that if a distributor fails to warn consumers of a known defect, they can be held responsible for resulting injuries.

Sellers

Sellers can be held liable if they knew or should have known that the product was defective but sold it anyway.

Bringing a Product Liability Lawsuit in Oregon

In Oregon, product liability lawsuits must be filed within two years of the injury date. The injured party must prove that the product was defective, that they were using the product in a manner consistent with its intended use, and that the defect was the direct cause of their injuries.

Defenses Against Product Liability Claims

There are several defenses that can be used in a product liability case:

Assumption of Risk

If a consumer is aware of the potential risks of using a product but decides to use it anyway, the defendant can argue that the consumer assumed the risk and is responsible for any resulting injuries.

Product Misuse

If the consumer used the product in a way that was not intended or recommended, the defendant can argue that the consumer misused the product.

Contributory Negligence

If the consumer was partially responsible for their injuries, the defendant can argue that the consumer’s negligence contributed to their injuries.

Conclusion

Product liability lawsuits can be complex and challenging to navigate. In Oregon, manufacturers, distributors, and sellers can be held responsible for injuries caused by their defective products. If you or a loved one has been injured by a defective product, it’s essential to seek legal counsel from an experienced attorney who can help you understand your rights and options. Remember, product liability laws are in place to protect consumers, and those responsible for putting unsafe products on the market must be held accountable.

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