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What is Product Liability?
Product liability claims arise when a person is injured as a result of dangerous defects that cause injury. Manufacturers are legally liable to compensate consumers for damages or injuries caused by defects in the products they produce.
Claims most commonly associated with product liability law include:
- Negligence is a failure to use reasonable care in certain circumstances.
- Strict liability is applied when a defective product for which a defendant holds responsibility causes injury to a plaintiff
- Breach of warranty refers to the failure of a manufacturer to fulfill the terms of an agreement, claim, or representation made regarding the quality or type of product.
Types of Product Defects
Under product liability law, there are three types of defective product liability claims:
- Design defects occur when a product’s design is inherently defective or dangerous. Defective design claims do not arise because of a manufacturing error or mistake. Instead, such claims target an entire line of products, regardless of the fact that the device was made properly
- Manufacturing defects occurs when an injury-causing product was defectively manufactured. Defective products are flawed due to some error in the process of making the product, and as a result, they are different from the same product on the market.
- Defects in marketing occur when a manufacturer or seller fails to warn consumers of the dangerous characteristics and risks associated with a particular product. Such claims usually come about when a product’s danger is not obvious to the user or when the user is required to exercise special precautions or diligence when using it.
Types of Compensation
An Oregon product liability attorney can help those injured by defective products by seeking compensation for their injuries. In product liability cases, plaintiffs may be awarded compensatory and punitive damages. Compensatory damages are meant to make up for economic losses caused by the injury, while punitive damages are meant to punish manufacturers for malicious or egregious acts.
How an Oregon Product Liability Attorney Can Help
Product makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
People injured by the fault of others may be eligible to recover money for:
- Medical Expenses
- Lost Wages
- Pain and Suffering
The families of those killed may be eligible to recover money for funeral expenses and the pain that comes with losing a loved one.