Defective Products

Products 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.

If you have been injured, it is important to have an Oregon lawyer evaluate any personal injury claim you may have. The law provides strict deadlines for bringing personal injury claims. It is critical that you contact an Oregon injury lawyer or Oregon accident lawyer if you think that you may have a claim. A Portland personal injury lawyer at Vangelisti Kocher LLP can provide you a free consultation to discuss your injuries and legal rights.

Oregon Products Liability Law

Under statutory law in Oregon, an Oregon lawyer may file a product liability civil action 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 product 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 or Oregon personal injury attorney can help an injured person evaluate and, if appropriate, pursue product liability claims relating to any number of defective products. Those defective products can include: drugs (VIOXX, HRT, etc.), cold medicines, cosmetics, hair bleach, contact lenses, medical devices (breast implants, hip prosthesis, etc.), machines or machinery (skill saw, table saw, presses, conveyor belts, blow fans, etc.), power tools, tools (panel cutters, nail guns, stud guns, staple guns), jacks, forklifts, aerial lifts, automotive lift, lawn mowers, drain pipes, ATV, ATC, cars, trucks (rollover, car tires, truck tires, brake pads, brakes, etc.), SUV, vans, motorcycles, off-road dirt bikes, motorcycle helmets, tennis balls, bicycles, bike helmets, bikes, recumbent bikes, motor homes, campers, barns, smokestacks, space heaters, power lines, gas lines, propane or natural gas that explodes ignites or burns, paper shredder, hand brakes, brake press, trailers, boats, snowmobiles, dune buggies, airplanes, aircraft, planes, trains, tractors, seat belts, seat belt systems, steering wheels, barrier guards, airbags, airbag sensors, child seats, seat backs, gas tanks, tires, wheels, tobacco, cigarettes, chemicals, asbestos (mesothelioma), blasting supplies, construction sites, chemical explosions, (work injuries), cranes, derricks, lifters, loaders, scaffolding, welding equipment, ladders, elevators, escalators, steel cables, pressure relief valves, pressure-reading gauges, shut off valves, pneumatic pump, safety equipment, safety glasses, helmets, power lines, guns, firearms, malfunctioning or exploding handguns, shotguns, and rifles, plumbing systems (scalding or hot water that causes burns, pvc pipe), garage doors and garage door openers, toys that cause a child to choke, child’s toys, fireworks, food poisoning, salmonella poisoning, bed rails, cribs, baby walkers, child car seat, seat in passenger car, insufficient roof strength in pickup truck, automobile occupant restraint systems, glass in SUV window, car seat heater, carseat heater, commercial deep fryer, treadmills, elliptical, stair master (exercise equipment or exercise machines), etc.

An Oregon personal injury lawyer or Oregon personal injury attorney can help an injured person evaluate whether the injury was just a so-called accident or whether the injury was caused by a manufacturer putting profits over people.

Products Liability in Nursing Homes

For information about defective products that may cause personal injury or accidents in nursing homes, please click on our related site at www.nwnursinghomelaw.com and go to the Defective Products tab under the Practice Area heading.  This site also provides information our nursing home neglect and abuse lawyer in Portland Oregon.

Cities Served:

Ada, Adair Village, Adams, Adrian, Agness, Airlie, Albany, Alicel, Alkali Lake, Allegany, Allston, Aloha, Alpine, Alsea, Amity, Antelope, Applegate, Arago, Arch Cape, Arlington, Arock, Ashland, Ashwood, Astoria, Athena, Aumsville, Aurora, Austin, Azalea, Baker City, Ballston, Bandon, Banks, Barview, Bates, Bay City, Beatty, Beaver, Beaver MArsh, Beaverton, Bellfountain, Bend, Biggs, Birkenfeld, Blachly, Blodgett, Blue River, Bly, Boardman, Bonneville, Boring, Breitenbush, Bridgeport, Brightwood, Broadbent, Brogan, Brookings, Brooks, Brothers, Brownsmead, Brownsville, Bunker Hill, Burlington, Burns, Burns Junction, Butte Falls, Buxton, Camas Valley, Camp Sherman, Canby, Cannon Beach, Canyon City, Canyonville, Cape Meares, Carlton, Cascade Locks, Cascade Summit, Cascadia, Cave Junction, Cayuse, Cecil, Celilo, Central Point, Charleston, Chemult, Chenoweth, Cherry Grove, Cheshire, Chiloquin, Christmas Valley, Clatskanie, Coburg, Colton, Columbia City, Condon, Coos Bay, Coquille, Cornelius, Corvallis, Cottage Grove, Cove, Crabtree, Crane, Crater Lake, Crawsfordsville, Crescent, Crescent Lake, Creswell, Crow, Culp Creek, Culver, Curtin, Detroit, Diamond, Diamond Lake, Dayville, Drew, Dufur, Dunes City, Echo, Estacada, Fort Klamath, Fossil, Gates, Garibaldi, Gearhart, Gilchrist, Greenhorn, Government Camp, Idanha, Klamath Agency, La Pine, Lakeview, Malian, Medford, Merlin, Myrtle Creek, McKenzie Bridge, Mill City, North Umpqua, Oakridge, Prospect, Rhododendron, Sandy, Sisters, Sunriver, Warm Springs, Welches, Westfir, Zigzag, Grass Valley, Hampton, Lonerock, Madras, Maupin, Metolius, Mitchell, Moro, Mosier, Paulina, Post, Prineville, Redmond, Rowena, Rufus, Shaniko, Spray, The Dalles, Wasco Adams, Elgin, Enterprise, Haines, Halfway, Heppner, Hermiston, Huntington, Imbler, Imnaha, Irrigon, Island City, John Day, Joseph, La Grande, Lexington, Long Creek, Lostine, Medical Springs, Milton-Freewater, Monument, Mt Vernon, North Powder, Oxbow, Pendleton, Pilot Rock, Prairie City, Richland, Seneca, Summerville, Sumpter, Ukiah, Umatilla, Union, Unity, Wallowa, Weston Adel, Drewsey, Frenchglen, Hines, Jordan Valley, Juntura, Lakeview, Nyssa, Ontario, Plush, Vale, Hebo, Nehalem, Manzanita, Neahkahnie, Oceanside, Pacific City, Rockaway Beach, Seaside, Tillamook, Warrenton, Wheeler, Depoe Bay, Florence, Gleneden Beach, Lincoln City, Mapleton, Newport, Otter Rock, Reedsport, Seal Rock, Siletz, Toledo, Waldport, Winchester Bay, Yachats, Gold Beach, Lakeside, Myrtle Point, North Bend, Port Orford, Powers, Wedderburn  Banks, Forest Grove, Gaston, Gresham, Happy Valley, Hillsboro, Lake Oswego, Marquam, Milwaukie, Molalla, North Plains, Oregon City, Portland, Rainier, Sandy, Scappoose, St. Helens, Tigard, Troutdale, Tualatin, Vernonia, West Linn, Wilsonville, Cave Junction, Canyonville, Central Point, Dillard, Drain, Eagle Point, Elkton, Glendale, Glide, Gold Hill, Grants Pass, Jacksonville, Klamath Falls, Oakland, Phoenix, Prospect, Riddle, Rouge River, Roseburg, Shady Cove, Sutherlin, Talent, Umpqua, White City, Winchester, Winston, Wolf Creek, Yoncalla, Dallas, Dayton, Detroit, Donald, Dundee, Eugene, Falls City, Gates, Gervais, Halsey, Harrisburg, Independence, Jefferson, Junction City, Keizer, Lebanon, Lowell, Lyons, McMinnville, Mill City, Millersburg, Mt.Angel, Molalla, Monmouth, Newberg, Oakridge, Oregon City, Philomath, Salme, Scio, Scott Mills, Sheridan, Silverton, Sodaville, Springfield, Stayton, St. Paul, Sublimity, Sweet Home, Tangerit, Turner, Veneta, Walterville, Waterloo, Willamina, Woodburn, Yamhill

Counties Served in Oregon:

Baker County, Benton County, Clackamas County, Clatsop County, Columbia County, Coos County, Crook County, Curry County, Deschutes County, Douglas County, Gilliam County, Grant County, Harney County, Hood River County, Jackson County, Jefferson County, Josephine County, Klamath County, Lake County, Lane County, Lincoln County, Linn County, Malheur County, Marion County, Morrow County, Multnomah County, Polk County, Sherman County, Tillamook County, Umatilla County, Union County, Wallowa County, Wasco County, Washington County, Wheeler County, Yamhill County.

Alternate Spellings:

Atorney, Attroney, Attourney, Attornies, Atturnies,Atroney, Atorney, Atorneys, Attroney, Atturney, Atturneys, Attourneys, Attorneyship, Lowyer, Laywer,Lowyer, Lawyres, Lawyre, Lowyers, Laywers, Layre, Lawer, Premies, Permesis, Primesis, Primisis, Liabilitie, Laibility, Laibilitie,  Mesotheluim, Mesetheliem, Mesothleium, Mesothlieum, Abstestos, Apestos, Abpestos, Deafective, Dafective, Dafektive,  Nurseing, Accdents, Acidents, Orgon, Orge, Oregan, Washton, Washingten, Portlond, Portlund, Litgation Litagtion, Litation,Therepy, Therpy, Tharpy, Solicator, Solicators, Judgement, Judgements