Defective Products Topics
Defective product suits are brought when manufactured products injure consumers due to their use. This type of legal action is also known as a product liability suit. When consumers purchase products, there is an expectation that they will be designed with the safety of the end consumer in mind. Product manufacturers also have a legal responsibility to provide instructions about the proper use of the product and to warn consumers of dangerous conditions that might arise out of using the product.
, a leading personal injury attorney in Portland with Dawson Law Group, offers the following answers to frequently asked questions regarding Portland product liability suits. If you have further questions or you think you may have a defective products case, we invite you to call Bryan for a free phone consultation. Our knowledgeable legal team can help answer any questions you may have and help explain your legal options to you.
In what situations can I bring a defective products suit in Portland, Oregon?
There are three types of defective products suits that you can bring in Oregon:
- Defective manufacture- a product is defectively manufactured in a way that can bring harm to consumers and was allowed to make its way into a consumer’s hands and cause injury. (Examples: a tainted batch of cough medicine causes consumers to get sick, the head of a child’s doll easily detaches and becomes a choking hazard.)
- Defective design- a product is improperly designed to be inherently defective or dangerous. Defective design claims would not be aimed at corrupted or defective batches, but rather entire product lines that are inherently defective or dangerous due to the way they were designed. (Examples: a hybrid car line has a tendency to roll over when taking corners at high speeds, toxic lead paint is used to paint children’s toys.)
- Failure to provide adequate warning or instruction- If manufacturers do not provide adequate instructions on how to properly use a product, or adequate warning that the product, if used in a certain way or with certain other products could be dangerous. (Example: allergy medicine that leads to drowsiness not being labeled properly, aspirin without labels warning not to mix with alcohol.)
What do I need to prove in order to win a defective products suit in Portland?
To win a Portland, Oregon defective products suit
, you have to prove the four following things:
- You suffered an injury or other losses
- The product in question is defective (defective manufacture, defective design, or failure to provide adequate warning or instruction)
- You were using the product as it was intended to be used and the product had not been substantially changed (modified in a way that changes the operation of the product) from the condition in which it was originally sold
- The defect in the product caused you to suffer your injury or loss
What kind of compensation can I expect from my defective products suit?
You can expect damages for your economic losses (damage to your property, medical expenses, lost wages and earning potential), as well as non-economic losses (pain and suffering). In rare cases of extreme or malicious negligence, punitive damages can be awarded as well.
How long do I have to file a Portland, OR product liability suit?
The statute of limitations for a Portland
defective product suit is the earlier of:
- Two years after the date that you discover, or reasonably should have discovered your injury/losses and their relationship to the defective product.
- 10 years after first day that the product was purchased for use/consumption.
If you have questions about whether or not you can still bring your defective product suit, please feel free to call Dawson Law Group, your Portland personal injury attorneys, for a free consultation where we can help answer your questions.
How long will it take for me to get compensation from my Portland product liability suit?
It is nearly impossible to predict how long you will have to wait for your compensation. Sometimes the opposing party will give you a favorable settlement that will be enough to help you move on from your injuries/loss, and sometimes we will have to fight for you in court to get a judgment that is fair compensation for your losses. Either way, understand that our Portland, OR personal injury attorneys
will do whatever they can to get you the justice and compensation that you deserve. Whether it’s negotiating hard for you to get a fair settlement or winning an award for you in the courtroom, our personal injury attorneys are backed with an experienced legal team that can help the process with their expertise in research, filing motions, and finding expert witnesses.
If you’re worried about having to pay excessive legal fees, you can put those fears to rest. Our Portland personal liability cases are taken on a contingent basis,
meaning that our payment is taken out of your judgment or settlement. This means that until we get you the compensation and justice you deserve, you won’t have to pay us a single dollar in lawyer fees. Call Dawson Law Group today for a free consultation where we can get to know you, answer your questions, and explore your legal options. Let Dawson Law Group fight for you!