Hillsboro Product Liability Lawyers
Consumers depend on the products they buy to be reasonably safe when they are properly used. If a product becomes defective due to a flaw that occurred in the manufacturing or design process, it may result in its user suffering serious injury or death. If you or someone you love has been injured by a defective product, you may be entitled to pursue a product liability claim against the manufacturer, distributor, lessor or retailer that sold the product. Working with a Hillsboro product liability lawyer on your claim may help you recover the compensation you need for your medical expenses, lost wages, and pain and suffering.
At Rizk Law, we are well-versed in Oregon’s consumer protection and product liability laws. We understand how to use our knowledge and skills to build a case that supports your claim and effectively proves the product that harmed you or your loved one was defective. As trusted Hillsboro product liability lawyers, we are dedicated to defending the rights of consumers from negligent manufacturers or designers that produce dangerous, defective products. To determine if you have a case, contact us today to schedule a free, no obligation consultation. We provide all of our services on a contingency fee basis and only charge our clients if we recover compensation for them. Our personal injury lawyers in Hillsboro will pursue every legal option available to help you receive the outcome you deserve.
Types of Defective Product Cases
A defective product is a manufactured item that is unfit for its intended use due to a design or manufacturing flaw that makes it dangerous or harmful for normal use, does not carry adequate instructions for its use, or is inherently dangerous for its user.
Typically, there are three types of product liability cases our attorneys will consider when reviewing an injury claim caused by a defective product. These include:
A design defect occurs when there is an inherent flaw or error in a product’s design that makes it dangerous for consumers to use even for the intended use. A company may be held liable for a design defect when the product posed a foreseeable risk when it was manufactured as intended and may injure its user when used correctly.
To hold a company liable for a design defect, however, you will need to show the risk could have been avoided if the at-fault party had used an alternative design, provided the design was:
- Feasible and practical for the company to use
- Economically feasible and would not cost too much to use
- One that would allow the product to be used the way it was originally intended
A manufacturing defect is a flaw that occurs when the product is assembled. This causes the product to deviate from its original design and makes it more dangerous than consumers expect it to be. Typically, manufacturing defects only affect a few products being assembled, rather than the entire batch.
A manufacturer can be held liable for a defective product regardless of how careful it was in designing the product, choosing its materials, creating the product in the assembly line or issuing quality assurance guidelines. If a manufacturer released a defective product that caused users to suffer injuries when using the product as intended, the manufacturer can be held liable for the victim’s damages.
Manufacturers or retailers must provide an adequate warning that consumers can clearly see and understand if a product is inherently dangerous when used correctly. Likewise, inherently dangerous products should contain easy-to-understand instructions that inform users on how to properly use the product to prevent injury.
Furthermore, manufacturers have a duty to warn consumers about the dangers of a product when:
- The dangerous feature is hidden or not obvious
- The manufacturer is aware of the product’s dangerous feature
- The dangerous feature is present when the product is used in its normal or intended manner
- Instructions are required to let consumers know how to safely use a product to avoid harming themselves or others
Contact Rizk Law if you were injured by a defective product.
How We Prove a Product is Defective
There are usually four main elements that must be established to prove a product is defective and the at-fault party is liable for your injury. These include:
- You suffered an injury: The defective product caused you to suffer an injury after using it as was intended. Our Hillsboro product liability attorneys may use your medical records to show a connection between the injury you suffered and the defective product’s flaw.
- The product is defective: The product suffered a defect or flaw that caused it to become dangerous for consumers to use at it was intended. This may have occurred in the manufacturing or design stages. Likewise, the product may not clearly state that it is dangerous or contain hidden dangers that consumers are not aware exist.
- Your injury was caused by the product’s defect: You must be able to link your injury to the product’s defect. Our Hillsboro product liability lawyers recommend that you seek medical attention as soon as possible to after being injured to help establish that your injury is directly related to using the defective product.
- You used the product as it was intended: To recover compensation for a product liability claim, you must show that you used the product as its designer or manufacturer intended when you suffered an injury. This helps to show the product is unreasonably dangerous or the manufacturer failed to warn you of its risks.
If you believe that you or someone you love was injured by a defective product, schedule a free consultation with Rizk Law as soon as possible. We will thoroughly investigate your claim and the product that injured you to determine if it is defective. Based on our findings, we may be able to take legal action against the product’s manufacturer or retailer to hold it liable for the damages you suffered.
Call 503.245.5677 to find out if you have a case.
Compensation Available in a Product Liability Lawsuit
Victims who suffer injuries due to a defective product may incur significant expenses due to medical bills, lost income and other damages like pain and suffering. Because of this, defective product victims should consult with an attorney to discuss the possibility of recover compensation by suing the at-fault party. This may help them recover financial reimbursement for the following types of damages:
- Past and future medical treatment
- Lost wages or income
- Corrective surgery
- Out-of-pocket expenses
- Pain and suffering
- Loss of enjoyment of life
- Loss of reputation
- Emotional distress
- Loss of companionship
Comparative Fault in Oregon
The amount of compensation you may be entitled to receive may be affected by Oregon’s comparative fault law. Under this law, you must be no more than 50 percent at fault to be awarded compensation, according to Oregon Revised Statutes (ORS) § 31.600. If you are found to be more than 50 percent at fault for causing the defective product to injure you, you are prohibited from receiving any compensation, no matter the severity of your injuries.
Each party involved in the accident will be assigned a percentage that represents their level of fault in causing the injury. If your percentage of fault is 50 percent or less, the value of your damages will be reduced by the percentage you are assigned.
Contact us to find out if you can recover compensation.
How Long Do I Have to File a Product Liability Case?
Each state has its own limits on the amount of time you have to file a lawsuit against the party responsible for causing your injury. This is referred to as the statute of limitations.
In Oregon, victims who are injured by a defective product only have two years to bring a product liability case against the at-fault party. The two-year statute of limitations begins on the date you discovered or should have discovered the injury or property damage and the causal relationship between your injury and use of the product, or the causal relationship between the injury and the at-fault party’s actions, according to ORS 30.905.
Although two years may seem like enough time to bring a product liability lawsuit, there may be several time-consuming factors you may encounter. This includes undergoing the medical treatment you need to heal your injuries. Additionally, your attorney will need time to investigate your claim and determine if you have a case against the at-fault party. Furthermore, insurance companies representing the at-fault party may wait several months to offer you a settlement, which may not fully cover the cost of your damages. If this occurs, your lawyer will need time to build a case before filing lawsuit. For these reasons, it is imperative that you contact Rizk Law’s product liability attorneys in Hillsboro as soon as possible.
However, there are exceptions and other stipulations to this two-year deadline. For example, an action must be commenced before one of the following dates, whichever is later:
- 10 years from the date the product was first purchased for use or consumption
- The expiration of any statute of repose for the same type of civil action in the state where the product was manufactured (if the product was made in another country, the statute of repose for the state where the product was imported is the one that applies)
If you are filing a lawsuit on behalf of a loved one who was killed due to a defective product, the lawsuit must be filed before the earlier of three years from your loved one’s death, or 10 years from when the product was first purchased, or the expiration of the statute of repose in the state the product was manufactured or the state where the product was imported from a foreign country.
Call 503.245.5677 to learn more about filing a product liability claim.
Schedule a Free Consultation with a Product Liability Lawyer in Hillsboro
Defective products are dangerous and can cause consumers to suffer serious injuries that result in costly medical bills and significant pain and suffering. If you or a loved one has been injured by a product you believe to be defective, contact Rizk Law today to schedule a free, no obligation consultation.
Our Hillsboro product liability attorneys will provide you a free, no obligation consultation to help you determine if you have a case against the product’s manufacturer, retailer, seller or leaser. We provide all of our services on a contingency fee basis, and do not charge upfront costs for our services. We only collect payment from our clients if we help them recover the compensation they need.
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