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- Our firm is dedicated to securing maximum compensation and helping our clients recover from their injuries. Our Portland personal injury attorneys<\/a> have recovered millions of dollars in cases over our years of operation.<\/li>\n
- We take a proactive role in our client\u2019s health and well-being through our medical department. Our staff of healthcare professionals can connect you to the treatment and specialists you need to recover from your injuries.<\/li>\n
- We understand that navigating a product liability claim after a recent injury can be challenging. Your attorney will handle all aspects of your case on your behalf, allowing you to focus on healing instead of complex litigation.<\/li>\n<\/ul>\n
How Can Portland Product Liability Lawyers Help You Receive Compensation?<\/strong><\/h2>\n
Thankfully, there are laws set in place to protect consumers by ensuring that the parties involved in the manufacturing, distributing, and selling of commercial products are held l<\/b>iable for the damages caused by their unsafe products. A product is generally determined to be defective if it falls in one or more of the following areas:<\/p>\n
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- Design Defects<\/strong>: The design of the product is unsafe, so it can be assumed that the entire product line is unsafe. If an injury occurs as a result of a poorly designed product, then the parties responsible for the product can be held liable for design defects.<\/li>\n
- Manufacturing Defects<\/strong>: The product may be well-designed, but the way in which it was made causes it to be unsafe. An example would be if a product does not meet the manufacturing specifications and causes injury as a result.<\/li>\n
- Insufficient Instructions or Warnings<\/strong>: If a product does not contain proper warnings or instructions for safe operation and someone is injured as a result, a consumer may be entitled to damages based on this defect.<\/li>\n<\/ul>\n
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<\/p>\nIf you or a close family member has been injured as a result of a defective product,\u00a0you will want to preserve the evidence and consider filing a product liability lawsuit<\/b>. It is important to remember to keep the defective product or anything associated with it, and our reputable product liability lawyers will take it from there.<\/p>\n
What Are Common Types of Portland Product Liability Cases?<\/strong><\/h2>\n
Our personal injury lawyers can help you obtain compensation for the damages that you have suffered as a result of negligent parties who create, distribute and sell unsafe products. Product liability suits have been filed due to defects in many types of products including:<\/p>\n
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- Automotive products<\/li>\n
- Industrial products<\/li>\n
- ATVs and quads<\/li>\n
- Riding lawn mowers<\/li>\n
- Household products<\/li>\n
- Sporting goods products<\/li>\n
- Medications<\/li>\n
- Food products<\/li>\n<\/ul>\n
If you were unfortunate enough to be involved in a car accident as a result of a faulty automobile part, please contact our Portland accident attorneys<\/a> to review your case.<\/p>\n
What Compensation Is Available For Product Liability Claims?<\/strong><\/h2>\n
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<\/p>\nOur Portland attorneys understand the anguish and betrayal you feel when you purchase a seemingly safe product only to be injured in return. Our team can help you navigate all the complexities of the product liability laws to ensure that you and your family receive maximum compensation for your injuries. You may be entitled to damages for:<\/p>\n
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- Present and future medical bills<\/li>\n
- Loss of wages<\/li>\n
- Disability<\/li>\n
- Disfigurement<\/li>\n
- Brain injury<\/a><\/li>\n
- Burns<\/a><\/li>\n
- Amputation<\/a><\/li>\n
- Pain and suffering<\/li>\n
- Mental anguish<\/li>\n
- Loss of enjoyment of life<\/li>\n
- Impairment<\/li>\n<\/ul>\n
If a death is involved in a product liability case, please reach out to our skilled Portland wrongful death lawyers.\u00a0<\/a><\/p>\n
How Do You Prove Fault in an Oregon Product Liability Lawsuit?<\/strong><\/h2>\n
Under Oregon\u2019s product liability law, victims of defective products can hold the manufacturer, distributor, seller, or lessor of the defective product liable for their personal injuries. They can also hold them liable for wrongful death and property damages. Proving liability is one of the most important aspects of winning a product liability lawsuit in Oregon. Under Oregon product liability law, you will need to prove the following elements:<\/p>\n
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- The defendant engaged in the business of manufacturing, distributing, or selling the defective product<\/li>\n
- The product was defective and unreasonably dangerous<\/li>\n
- The product was not modified before it was sold to you, the consumer<\/li>\n<\/ul>\n
There are two key legal theories related to product liability cases. Suppose you decide to file a product liability lawsuit against the manufacturer, seller, or distributor of the dangerous products. In that case, your attorney will need to decide which legal theory best fits your case. The first legal theory is negligence. If you were injured because a company negligently designed or manufactured a consumer product, you can bring a lawsuit under the theory of negligence.<\/p>\n
The second legal theory is called strict liability. In some cases, courts decide that the product was inherently dangerous. Inherently dangerous products are dangerous regardless of whether a consumer uses the product properly or not. In strict liability cases, you will not need to prove that the defendant acted negligently. You will only need to prove that the dangerous product caused your injuries.<\/p>\n
\u00a0What Is The Consumer Expectation Test?<\/strong><\/h2>\n
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<\/p>\nIf a defective product caused your injury, you will need to prove that it was manufactured incorrectly, was unsafe, utilized defective materials, or had inadequate warnings or instructions. Oregon uses a\u00a0consumer expectation test\u00a0to determine whether the defendant should be held liable for a defective product. Oregon used to follow a reasonable manufacturer test, but 20 years ago, courts started instructing juries in product liability lawsuits to use the consumer expectation test instead.<\/p>\n
With the consumer expectation test, the injured party must prove that the product was in a defective condition that made it unreasonably dangerous. Products are unreasonably dangerous when they are \u201cdangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.\u201d\u00a0McCathern v. Toyota Motor Corp<\/i>., 332 Or 59, 77 (2001) (quoting RESTATEMENT (SECOND) OF TORTS \u00a7402A comment I (1979)).<\/p>\n
Members of the jury are not allowed to use their own personal views of whether a product had conditions that they would expect personally. Jurists cannot put themselves in the injured plaintiff\u2019s shoes and decide whether the product was unreasonably dangerous. Instead, they need to consider the views of the community as a whole. The consumer expectation test is an important part of a product liability lawsuit, and an experienced product liability attorney can help you ensure that your rights are protected.<\/p>\n
Can Manufacturers be Held Liable Even if the Product Has a Warning Label?<\/strong><\/h2>\n
Victims of product liability injuries sometimes assume that they cannot bring a lawsuit against the manufacturer if the product they used had a warning label. However, even if the product had a warning label, the victim may be entitled to compensation because Oregon law treats label warnings in manufacturing defects as different types of product liability cases. Even if the product you used had a warning label, that does not mean the product was safe or not unreasonably dangerous. The defective product manufacturer could be liable if they made a mistake during the manufacturing process that caused the product to be dangerous.<\/p>\n
Suppose someone was injured by a hairdryer becoming so hot that it burned their hand. Most hair dryers have warning labels showing the dangers of dropping the hairdryer in water. In this case, the victim could still file a lawsuit against the manufacturer because the warning label did not warn him or her about the hairdryer becoming hot and causing burns. Because there are several different categories of product liability lawsuits, it is crucial to discuss your case with a product liability lawyer. Knowing all of your legal options can help you seek the compensation you deserve through an effective legal strategy.<\/p>\n
Failure to Warn and Product Recalls<\/strong><\/h2>\n
Alongside design and manufacturing defects, Oregon recognizes a third category of product liability claim: failure to warn. A product that is reasonably designed and correctly built can still be defective if it ships without adequate warnings or instructions about dangers the manufacturer knew or should have known about. Medications without interaction warnings, power tools without guarding instructions, and children’s products without age and choking warnings are classic examples. Our article on the three types of product defects and how to prove a Portland product liability case<\/a> explains how each category is established.<\/p>\n
A recall is not a defense, and it does not prevent you from suing. When a manufacturer recalls a product, the recall notice is powerful evidence that the company knew of the defect, and the timing of the recall relative to your injury often supports a failure-to-warn claim on top of the underlying defect claim. If you were injured by a recalled product, keep the product, the packaging, and any recall notice you received. Our guide on what to do during a recall<\/a> covers the immediate steps. Under Oregon’s strict liability rule, everyone in the chain of distribution can be held responsible: the manufacturer, the component supplier, the distributor, and the retailer that sold the product to you.<\/p>\n
Defective Products We See Most Often in Portland<\/strong><\/h2>\n
The categories of defective product claims shift with what people buy. In recent years the fastest-growing category in Portland has been lithium-ion battery fires in e-bikes, e-scooters, and their chargers, which cause severe burn injuries<\/a> and house fires; a battery pack or charger that ignites during normal use is a textbook manufacturing or design defect, and e-bike riders injured by a defective component have the same rights as any cyclist, which we cover on our Portland bicycle accident lawyer<\/a> page. Vehicle defects remain the largest category by value: defective airbags<\/a>, faulty brakes and steering components, tire failures, seatback and roof crush failures, and the ignition and fuel system defects behind many recalls. Children’s products, including car seats, cribs, toys with small parts, and furniture that tips, are the third major group, and our article on toy recalls<\/a> and our FAQ on Oregon child injury claims<\/a> address how a parent brings that claim. Defective medical devices, dangerous drugs, power tools, and household appliances round out the list. Because these injuries are frequently permanent, product liability claims often overlap with our catastrophic injury<\/a> practice.<\/p>\n
Do You Need a Product Liability Attorney?<\/strong><\/h2>\n
The aftermath of a defective product injury can be painful and challenging. In these situations, it is important to have an advocate on your side\u2014and a Portland product liability attorney from DuBois Law Group will have the skills, resources, and experience necessary to help. Hiring a lawyer can provide valuable benefits to your case, including the following.<\/p>\n
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- Your attorney will be able to calculate the full extent of your damages so that you can recover an adequate settlement. He or she will also evaluate any offers you receive to ensure they are sufficient.<\/li>\n
- Product liability claims often require a great deal of evidence and specialized knowledge to prove. Your attorney will have access to expert witnesses who can evaluate your case and testify on your behalf, strengthening your claim for compensation.<\/li>\n
- Throughout your case, you may need to negotiate with corporate legal counsel and insurance companies. Your lawyer will have experience handling these discussions and can advocate for your rights when speaking with these parties.<\/li>\n
- To secure compensation in a product liability lawsuit, you will need to make a strong case proving that the product\u2019s defect is the cause of your injuries. Your attorney will conduct an in-depth investigation into your accident to gather the necessary evidence and prove your right to recovery.<\/li>\n<\/ul>\n
What to Do After a Defective Product Injury in Portland<\/strong><\/h2>\n
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<\/p>\nIf you are injured by a dangerous or defective product, it is important to remain calm and seek help as soon as possible. First, seek medical attention as soon as possible, even if you believe your injuries are not serious\u2014your injuries may be more severe than you believe. Additionally, your medical records will be vital evidence in your case, so save all documents you receive from your visits.<\/p>\n
After seeking medical attention, save all physical evidence. Keep the product with you, including all wrapping, packaging, and instruction manuals that came with it. If possible, collect your receipt or proof of purchase. Keep this evidence in a safe place and take as many photographs of the defect, the accident scene, and your injuries as possible. Once you receive treatment and collect this evidence, contact a Portland product liability attorney to discuss your legal options.<\/p>\n
How Long Do You Have to File an Oregon Product Liability Claim?<\/strong><\/h2>\n
Oregon has a specific statute governing product liability deadlines, ORS 30.905<\/a>, and it imposes two separate limits. The first is a two-year statute of limitations: you must file within two years of the date you were injured, or the date you discovered, or reasonably should have discovered, the injury and its connection to the product. The second is a statute of repose, which bars a product liability claim entirely once ten years have passed since the product was first purchased for use, regardless of when the injury occurred, unless the product was manufactured in a state with a longer repose period. That second rule catches people with older vehicles, appliances, and equipment, and it is one reason to have a product liability attorney evaluate the claim as soon as possible. Both rules remain in effect as of 2026. Wrongful death claims arising from a defective product follow ORS 30.905 as well, with a three-year limit from the death. Our articles on special time limits for product liability cases<\/a> and how the discovery rule extends product liability deadlines<\/a> cover the exceptions.<\/p>\n
Contact A Portland Product Liability Lawyer From DuBois Law Group – PDX Injury Law<\/strong><\/h2>\n
Have you been injured by a dangerous or defective product? In these situations, you need an attorney on your side\u2014and the lawyers at DuBois Law Group can fight for your right to maximum compensation. Contact us<\/a> today to schedule a free consultation and identify your next steps with a Portland product liability attorney. (503) 222-4411<\/p>\n
- Burns<\/a><\/li>\n
- Manufacturing Defects<\/strong>: The product may be well-designed, but the way in which it was made causes it to be unsafe. An example would be if a product does not meet the manufacturing specifications and causes injury as a result.<\/li>\n