Portland Defective Products Lawyer
Related Defective Product Topics
- Defective Products FAQs
- Common Types of Defective Product Claims
- Consumer Protection and Defective Product Claims
- Choosing the Right Lawyer
- Your Lawsuit: What to Expect
- Contingent Fees
Have you been injured as a result of a defective product?
This area of practice is also sometimes referred to as product liability law. Defective products are products that cause injury because of the way they were designed or manufactured. The third area of product liability law is when the product does not contain the appropriate warning or instruction.
One of Dawson Law Group’s biggest cases involved a Portland lawsuit over the design of a nail gun that severely injured an Oregon carpenter. We have also successfully represented businesses that have suffered losses due to improperly made products purchased at the wholesale level.
The most recent high profile examples of defective products have come from the auto industry. You might remember Toyota’s gas pedal malfunctions or Chevy’s faulty ignition switches. The failure of Chevy and Toyota in designing and manufacturing safe products resulted in catastrophic injuries and death.
Reasons to file a claim
These are classic examples of defective products because the consumer purchases something they couldn’t possibly know would harm them and the manufacturer knew of the risk. However, the manufacturer doesn’t need to know of the risk to be held liable. Unlike negligence law where the victim must prove that the wrongdoer was negligent in causing the injury, a manufacturer, retailer or designer of a defective product is held strictly liable. There are three general things a consumer must prove in order to establish strict liability:
1. The product had an unreasonably dangerous defect that caused you injury;
2. The defect cause an injury while the product was being used in a way that it was intended to be used. Going back to the malfunctioning gas pedal examples, the people that were injured were just operating their cars normally. If the drivers of the Toyota’s had been racing their vehicles they would have a much tougher time establishing this second element.
3. The product hadn’t been substantially changed from the condition it was originally sold. For a product to be considered substantially changed it must be modified in a way that changes the operation of the product.
These are general rules so we advise you to contact an attorney to discuss the specifics of your case.
Other common examples of defective products:
- Medical products
- Pharmaceutical devices
Call us today at 503-919-1315, or write to us. As experienced Oregon defective product lawyers we are are eager to represent you in your claim for injuries suffered as a result of any of these defective products.