Clark Law and Associates handles a variety of defective product claims in Oregon. In Oregon there is strict liability for a defective product under the following conditions:
- You leased a product or were sold a product by a business engaged in the business of selling or leasing the product;
- The product was in a defective condition that was unreasonably dangerous when it left the hands of the seller;
- A defective condition may due to the following:
- Product design;
- Manufacturing Flaw;
- Absence of adequate warnings or instructions.
- 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.
- The product was delivered to you without a substantial change in its condition.
Authorities: UCJI No. 48.01, UCJI No. 48.02, UCJI No. 48.03
What if a seller or lessor exercises all possible care? A seller or lessor of a product that is in an unreasonably dangerous defective condition is liable for harm caused by the product even though the seller or lessor exercised all possible care.
However, the seller or lessor is not liable for harm caused by products which are delivered in a condition that is safe for reasonably foreseeable use and handling. See UCJI No. 48.04
What if the purchaser alters the product and makes it defective? The seller is not liable when the product is modified by the purchaser and the modification was a substantial factor in causing the injury or damage. This is assuming the modification was made without the seller's consent or not made within the sellers instructions or specifications.
However, if the modification was reasonably foreseeable by the seller, then if the purchaser modifies the product, then this may not be a defense for the seller. See UCJI No 48.05
Is the seller of a product liable if the purchaser uses the product in a way that is not forseeable by the seller? No. A seller is not liable if a purchaser misuses a product. See UCJI No 48.06
Do you have questions about a defective product claim? Need to hire an attorney to represent you for a defective product case? Clark Law and Associates is here to help - give our Portland law office a call and our legal team will get you the help you deserve.