Portland Product Liability Lawyer
Manufacturers, distributors, and retailers of commercial products have a responsibility to ensure that any product used by consumers is reasonably safe for its intended use. So, when they make or sell unsafe products, people can be seriously injured. Incredibly, according to the U.S. Consumer Product Safety Commission, nearly 30 million people are injured every year due to defective products. Luckily, the Portland-based product liability lawyers at DuBois Law Group are here to help protect you.
Why Choose A Portland Product Liability Lawyer From DuBois Law Group?
- Our firm is dedicated to securing maximum compensation and helping our clients recover from their injuries. Our Portland personal injury attorneys have recovered millions of dollars in cases over our years of operation.
- We take a proactive role in our client’s 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.
- 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.
How Can Portland Product Liability Lawyers Help You Receive Compensation?
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 liable 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:
- Design Defects: 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.
- Manufacturing Defects: 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.
- Insufficient Instructions or Warnings: 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.
If you or a close family member has been injured as a result of a defective product, you will want to preserve the evidence and consider filing a product liability lawsuit. 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.
What Are Common Types of Portland Product Liability Cases?
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:
- Automotive products
- Industrial products
- ATVs and quads
- Riding lawn mowers
- Household products
- Sporting goods products
- Food products
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 to review your case.
What Compensation Is Available For Product Liability Claims?
Our 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:
- Present and future medical bills
- Loss of wages
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If a death is involved in a product liability case, please reach out to our skilled Portland wrongful death lawyers.
How Do You Prove Fault in an Oregon Product Liability Lawsuit?
Under Oregon’s 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:
- The defendant engaged in the business of manufacturing, distributing, or selling the defective product
- The product was defective and unreasonably dangerous
- The product was not modified before it was sold to you, the consumer
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.
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.
What Is The Consumer Expectation Test?
If 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 consumer expectation test to 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.
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 “dangerous 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.” McCathern v. Toyota Motor Corp., 332 Or 59, 77 (2001) (quoting RESTATEMENT (SECOND) OF TORTS §402A comment I (1979)).
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’s 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.
Can Manufacturers be Held Liable Even if the Product Has a Warning Label?
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.
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.
Do You Need a Product Liability Attorney?
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—and 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.
- 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.
- 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 to compensation.
- 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.
- To secure compensation in a product liability lawsuit, you will need to make a strong case proving that the product’s 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.
What to Do After a Defective Product Injury in Portland
If 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—your 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.
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.
How Long Do You Have to File an Oregon Product Liability Claim?
Every state imposes a statute of limitations on lawsuits. A statute of limitations requires victims of personal injury accidents to file a case within a certain amount of time. In Oregon, the statute of limitation for product liability lawsuits varies depending on the type of injury and products involved. In most cases, lawsuits related to personal injuries or property damage must be filed within two years of the victim discovering the injury.
Product liability lawsuits must be filed within 10 years of when the product was first purchased for use. It is possible that a victim owned the dangerous product for nine years and became injured that year. In that case, he or she would have a year to file a product liability lawsuit.
Oregon has an additional statute of limitation requirement. Liability lawsuits are subject to the expiration of any statute of ultimate repose. In other words, Oregon judges can bar product liability lawsuits after the expiration of a defined timeframe, typically established after the product was first installed or delivered, instead of the date that the product caused the victim’s injury.
There are some exceptions to these general statutes of limitation time frames for damages in cases involving breast implants, asbestos-related diseases, and other types of specific products. Do you have questions about how long you have to bring a lawsuit? If so, the experienced product liability lawyers at DuBois Law Group can help you determine how long you have to file a lawsuit and ensure you file your lawsuit within the time limit.
Contact A Portland Product Liability Lawyer From DuBois Law Group
Have you been injured by a dangerous or defective product? In these situations, you need an attorney on your side—and the lawyers at DuBois Law Group can fight for your right to maximum compensation. Contact us today to schedule a free consultation and identify your next steps with a Portland product liability attorney. (503) 222-4411