Portland Product Liability Lawyer
Manufacturers have an obligation to ensure the products they produce and sell are reliable and safe for consumers to use. If a defective product causes a consumer to suffer an injury or death, the manufacturer can be held liable through a product liability claim.
If you or someone you love has suffered an injury due to a defective product, you may be entitled to compensation from the at-fault party. Rizk Law’s product liability lawyers in Portland understand how to hold manufacturers accountable for releasing a dangerous or defective product into the market. We will help you prove your injury resulted from using the product as was intended and that you deserve compensation for your injuries.
To get started, contact us to schedule a free, no obligation consultation. Our Portland personal injury lawyers have decades of combined legal experience and have extensive knowledge of Oregon’s negligence and product liability laws. We will provide you a free, no obligation consultation to help you determine if you have a case against a negligent manufacturer, designer or seller of the product that injured you or your loved one. Our attorneys work on a contingency fee basis. This means we will represent you during a product liability claim dispute at no upfront cost. We only charge our clients if we recover compensation for them. There is no risk in contacting us to find out if you have a case.
Call 503.245.5677 to schedule a free consultation.
Proving a Product Liability Case
If a defective product causes an accident that results in a consumer’s death, injury or causes significant property damage, the manufacturer, distributor or retailer of the product may be held liable for the resulting damages.
The Product is Unreasonably Dangerous
To bring a successful product liability claim, you will need to show that the product contained a defect that made it unreasonably dangerous at the time the product left control of the at-fault party. The term “unreasonably dangerous” means that the product must have been inherently unsafe for consumers to use, or the manufacturer did not provide adequate warning about the product’s potential dangers.
The Product is Defective
To determine if you have a defective product case, our Portland product liability lawyers will examine your claim to determine if the following factors were present at the time of the accident:
You Suffered an Injury
One of the first things we will try to establish is that you suffered an injury as a result of using a defective product. This will require us to find evidence that explicitly shows your injury could not have been preexisting or may have been acquired in any other way.
To help you form a case, we may consider using your medical records that show the physical injuries you suffered after using the defective product. We may also use testimony from witnesses who were present and saw your accident, as well as medical specialists who can support that your injury was caused by the defective product.
The Product is Defective
Next, we will need to prove the product that caused your injury is defective. However, this can be difficult to prove, as it requires extensive knowledge about the product and how it is intended to have been operated.
Furthermore, we will need to determine the area of the design, manufacturing or retail process in which the defect formed. For example, if you are filing a claim against the product’s manufacturer, you will need to prove the flaw or defect occurred during the manufacturing process.
The Defect Caused Your Injury
Although you may demonstrate that you were injured while using the product and not some other cause or outside factor. This means you must show your injury was specifically caused by the defect itself.
For this reason, it is imperative that you seek medical treatment as soon as possible after the accident. This will help you establish a causal link between your injury and the defective product. Additionally, this will show that you could not have acquired your injury through other means.
You Used the Product as it Was Intended
To bring a valid product liability claim, you must be able to prove that you were using the product as it was intended when you suffered an injury. This may prove that the product was inherently dangerous and that you did not receive adequate warning that you could be injured or killed while using the product.
If, however, you were using the product in a manner that the designer or manufacturer did not intend, your claim may be considered invalid.
Fill out our Free Case Evaluation form to get started.
Types of Product Liability Cases
During your free consultation, a Portland product liability lawyer will examine your claim to determine which party may be responsible for causing the defect that resulted in your injury. Typically, there are three types of product liability cases we look for when reviewing a claim. These include:
A manufacturing defect is a flaw in the product that forms during the manufacturing process. This may occur while the product is being assembled, making it unreasonably dangerous for consumers to use.
Manufacturing defects occur when the product is not made to the specifications intended by its designer. This may occur when the product is built using low-grade materials, defective manufacturing equipment or is improperly assembled.
Common examples of manufacturing defects include:
- Using the wrong types of screws or bolts on mechanical parts
- Incorrectly attaching or assembling parts
- Installing incorrect or outdated parts
- Incorrectly installing electric circuitry in a way that will cause electrical shock
A design defect is a flaw in a product that originated in the way it was designed. Unlike manufacturing defects that may affect only a few units, design defects affect the entire batch of production. This indicates the entire line of production is flawed and is inherently dangerous for consumers to use.
A strong case for a design defect may occur when there was a foreseeable risk posed by the product when it was manufactured as the designer intended and used for its intended purposes. You may be required to show that the risk of injury could have been avoided had the product’s designer taken reasonable steps to ensure the components and design were safe for consumers.
Failure to Warn
If a product is inherently dangerous, the product’s manufacturer must contain a clearly-labeled warning sign on the product describing the potential risks of using the product. If the product does not adequately inform consumers about its risks, the manufacturer, distributor or retailer may be held liable for any resulting injury or death.
To find out if you have a case, call 503.245.5677.
Compensation for a Product Liability Case
Victims who have been injured by a defective product may be entitled to pursue several types of damages to compensate them for their losses. A Portland product liability lawyer will review your accident to determine if you may be entitled to the following types of compensation:
- Past and future medical expenses
- Lost wages and income
- Loss of earning capacity
- Rehabilitation and physical therapy
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of reputation
- Loss of consortium
When our attorneys examine your claim, we may consider several factors when estimating the amount of compensation you may be entitled to pursue. This includes the severity of your injury and how it may have affected your life since the accident. Additionally, we may also review your involvement in the accident, including how you used the product and if you may have contributed to causing the accident that resulted in your injury.
Comparative Negligence in Product Liability Claim
To determine the amount of compensation you may be entitled to recover from a product liability claim, Oregon uses the law of contributory negligence. Under this law, the actions of both parties involved in the accident will be reviewed to determine their degree of fault in causing the accident and the victim’s injury.
Based on the results, each party will be assigned a percentage of fault representing their degree of negligence in causing the accident. If you are determined to be partially at fault for causing your own injury, the value of your claim will be reduced by the percentage you are assigned.
For example, it may be determined that you are 30 percent at fault for causing your own injury after it is discovered that you were incorrectly using a defective product. If you are pursuing a product liability claim for $100,000, the value of your claim will be reduced by 30 percent, resulting in your claim’s new maximum value of $70,000.
However, you can only recover compensation from the at-fault party if your degree of fault is less than the at-fault party’s. If you are found to be 51 percent or more at fault for causing your injury, you cannot pursue compensation for your claim.
Fill out a Free Case Evaluation form to find out if you may be entitled to compensation.
Oregon’s Statute of Limitations for a Product Liability Case
If you are pursuing a premises liability claim after being injured by a defective product, you need to be aware that there is a time limit in which you can pursue compensation. Oregon imposes a two-year statute of limitations on personal injury claims, including injuries caused by a defective product, according to ORS § 30.905.
This means you have two years from the date of your injury, or when you first discovered your injury, to pursue a lawsuit against the manufacturer, designer or distributor liable for your injury. If you do not take action within the two-year deadline, your case will likely be dismissed and you cannot recover compensation from the at-fault party.
To ensure your claim is properly handled, consider working with a knowledgeable product liability lawyer in Portland. He or she will understand how to handle your claim and work to file your case within the two-year time limit.
Get started today on pursuing compensation for your claim. Call 503.245.5677.
Schedule a Free Consultation with a Portland Product Liability Lawyer
If you have suffered an injury caused by a defective product, consider working with an attorney who can help you craft a case that supports your product liability claim. Rizk Law’s Portland product liability attorneys will handle every aspect of your claim for you, while helping you pursue the maximum compensation you deserve.
We provide free and confidential consultations to victims who suffered an injury due to another’s negligence. Contact us today to find out if you have a case. We work on a contingency fee basis and only charge our clients if we help them recover compensation. Our attorneys are dedicated to helping you get the results you deserve.
Complete a Free Case Evaluation form now to discuss your claim.