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:

1. Defendant was engaged in the business of selling the product.
2. The product was in a defective condition that was unreasonably dangerous to the plaintiff when the product left the defendant’s hands; and
3. 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.

1. A product may be in a defective condition in the following ways:
2. By design of the product itself;
3. By flaw arising from the manufacturing process; or
4. By the absence of adequate warnings or instructions.

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). 

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 C. 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.

Arnold Law Office, LLC, represents clients along the Oregon Coast and throughout Western Oregon, including in Portland, Eugene, Springfield, Salem, Corvallis, Cottage Grove, Albany, Newport, Oregon City, Beaverton, Clackamas, Wilsonville, Tigard, Hillsboro, Lake Oswego, Coburg, Creswell, Florence, Junction City, Lowell, Veneta, Oakridge, Roseburg, Brownsville, Halsey, Harrisburg Klamath Falls, Medford, Ashland, Grants Pass, Glendale, and Bend, and in the following counties: Lane County, Multnomah County, Washington County, Clackamas County, Linn County, Douglas County, Marion County, Coos County, Lincoln County, Benton County, Deschutes County, Josephine County, Klamath County, and Jackson County.

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