Eugene, Oregon Products Liability Attorneys – Dangerous and Defective Products

“Products liability,” is a very specialized area of law. You need an Oregon attorney who has handled cases involving dangerous and defective products. Our attorneys retain engineers and specialists to inspect the product that injured you to determine how it injured you and even to test similar products. These tests are to establish if the product defect is from a flaw in the manufacturing process or due to a design defect.

Our Eugene products liability attorneys can handle a variety of product liability cases involving a wide range of dangerous products such as defective automobiles, drugs/medications, firearms, furnaces, ATV’s, water skis, snow skis, helmets, sporting goods, commercial equipment, household appliances, power tools, playground equipment, toys, and other consumer products.

Oregon Product Liability Law

Oregon has basically adopted §420A of the Restatement (Second) of Torts through ORS 30.900-30.920. To prevail in a strict products liability claim, a plaintiff must prove the following:

  • Defendant was engaged in the business of selling the product.
  • The product was in a defective condition that was unreasonably dangerous to the plaintiff when the product left the defendant’s hands; and
  • The product was intended to and did reach the plaintiff without substantial change in the condition in which was sold.

 

By defective condition, it is meant that at the same time the product left the hands of the seller, it was in a condition that was not contemplated by the ultimate consumer and was unreasonably dangerous to the plaintiff.

To determine if the product is unreasonably dangerous, Oregon uses the consumer expectation test: “A product is unreasonably dangerous when it is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases the product with the ordinary knowledge common to the community as to its characteristics.” See ORS 30.920(3).

    A product may be in a defective condition in the following ways:

  • By design of the product itself;
  • By flaw arising from the manufacturing process; or
  • By the absence of adequate warnings or instructions.

 

Additionally, a defendant is liable for damages if the above is proven even if the defendant “exercised all possible care.” See also ORS 30.920(3); Restatement (Second) of Torts §420A comments g-h (1965).

Choosing an Oregon Product Liability Lawyer

Our attorneys are experienced personal injury lawyers who actually try cases to juries. When you hire us, you hire a litigation team. We know trials, so we know how to best prepare your case for an effective settlement.

“Our litigation experience, extensive preparation of cases, and attention to detail has allowed us to build a reputation as aggressive and successful advocates for our clients while adhering to high ethical and legal standards.”

- Eugene, Oregon personal injury attorney Michael Arnold

If you or someone you know in Eugene or throughout Southern Oregon needs the assistance of an experienced personal injury lawyer, call attorney Mike Arnold today at 541-338-9111 to schedule your free consultation.

  • Representative Cases

    PERSONAL INJURY

    Product Liability – Zooma Scooter

    Lawsuit against stand-up gas-powered scooter after handle bar welding failed, causing crash with elbow fracture. Plaintiff received a poor offer and then a dismal arbitration award. Plaintiff appealed to a jury trial. Jury trial result 25 times the arbitration award. Sometimes it takes a jury to sort out a case.

    Product Liability/Wrongful Death – G-Max Motorcycle Helmet

    Husband and wife were on their motorcycle when negligent driver pulled out in front of them. Wife’s helmet strap webbing failed and her helmet came off. She died of head trauma. Six figure settlement with G-Max distributor.

    Nursing Home Death

    Complex litigation involving a for-profit nursing home where a CNA who failed to give anti-seizure medication to Vietnam War veteran several times. He died from seizure. Status: confidential settlement.

    Wrongful Death – Drunk Driver Kills Teenage Girl

    After a party in the hills, a drunk driver rolls his car off of an embankment, seriously injuring his passengers and killing our client’s teenage daughter. The car’s severely intoxicated owner and surviving passengers claim the decedent was driving. Our investigation uncovered a possible conspiracy between the kids to blame the girl who couldn’t speak for herself. The DA’s Office convicted the car owner for Furnishing Alcohol to a Minor but refused to have the blood in the car analyzed for DNA to establish who was driving. Arnold Law was able to seize the blood evidence, had DNA tests performed, and hired a passenger kinesiologist to determine the locations of the occupants based on blood location. The discovery of the car owner’s blood on the steering column led to a negotiated settlement between the injured occupants and the owner’s insurance company.