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Dangerous product law, also known as product liability law, pertains to holding manufacturers, wholesalers, retailers, and other parties in the supply chain accountable for injuries caused by defective or dangerous products. This includes everything from faulty household appliances, toxic food products, and unsafe vehicles. In Portland, as is the case across the rest of the United States, injured parties can seek compensation for a variety of damages including medical expenses, lost wages, pain, and suffering.
Litigations related to dangerous products can be incredibly complex, often involving multiple parties and technical factors. You may need a lawyer if you or a loved one has been injured due to a defective product, especially if it has resulted in hospitalization, long-term health effects, or loss of income. An experienced attorney can help articulate the nature of the defect, demonstrate the manufacturer’s liability, evaluate the extent of your damages, and advocate for your rights.
The state of Oregon, which includes Portland, observes both a theory of negligence and strict liability for product liability claims. This means that an injured plaintiff can pursue a claim if they show that a product defect resulted from negligence on the part of the manufacturer or if the product was inherently dangerous, irrespective of the manufacturer’s level of care. However, claims must be made within the statute of limitations which is two years from the date of injury discovery for personal injury and ten years from the date of purchase for property damage.
Typically, you will need to show that the product was defective, the defect existed prior to the manufacturer releasing the product, and the defect caused your damages.
In Oregon, you have two years from the date of discovering the injury and ten years from the date of purchase for property damage to file a lawsuit.
Yes. Oregon operates under a comparative negligence system. Even if you were partially at fault, you can still make a claim, but your compensation may be reduced by your degree of fault.
You may be eligible to claim medical expenses, lost wages, pain and suffering, loss of companionship, and property damage.
You can still likely bring a lawsuit in Oregon. An experienced product liability attorney can guide you through the nuances of jurisdictional law.
The Oregon State Bar Association offers a wealth of information and resources on its website. Additionally, the Oregon Department of Justice Consumer Protection Division can provide information on consumer rights and protection in relation to dangerous products.
If you believe you have a valid dangerous product claim, you should contact an experienced product liability attorney immediately. It is advisable to assemble all relevant information including purchase records, medical records, and document any damage. Do not try to fix the damage or throw out the product, as it may serve as critical evidence in your case.
