Defective Products

Nursing Homes

Products can injure if they are defectively designed or defectively manufactured. A product can also be defective if it fails to warn about certain risks of use. Manufacturers and distributors of products can be held liable for defective products.

In nursing homes, residents can suffer neglect and abuse but also injuries from defective products: wheelchairs, beds, bed railings, restraints, automatic doors, alarms, lifts, food poisoning, drugs and medications, medical devices, scalding or hot water from plumbing systems, and any other defective product that they come in contact with.

Product Liability Actions in Oregon

Under statutory law in Oregon, an Oregon lawyer may file a product liability civil action on behalf of a person who suffers personal injury against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of: (1) any design, inspection, testing, manufacturing or other defect in a product; (2) any failure to warn regarding a product; or (3) any failure to properly instruct in the use of a product.

There is, however, a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. Under certain circumstances, there is also a defense to a product liability civil action that an alteration or modification of a product occurred.

Oregon has adopted a strict liability rule: One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if: (a) the seller or lessor is engaged in the business of selling or leasing such a product; and (b) the product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.

An Oregon personal injury attorney may also pursue punitive damages on behalf on an injured person if certain criteria are met: (a) the likelihood at the time that serious harm would arise from the defendant’s misconduct; (b) the degree of the defendant’s awareness of that likelihood; (c) the profitability of the defendant’s misconduct; (d) the duration of the misconduct and any concealment of it; (e) the attitude and conduct of the defendant upon discovery of the misconduct; (f) the financial condition of the defendant; and (g) the total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected.

An Oregon or Washington personal injury lawyer can help an injured person evaluate and, if appropriate, pursue product liability claims relating to any number of defective products. Those defective products can include: drugs (VIOXX, HRT, etc.), cold medicines, cosmetics, hair bleach, contact lenses, medical devices (breast implants, hip prosthesis, etc.), machines or machinery (skill saw, table saw, presses, conveyor belts, blow fans, etc.), tools (panel cutters, nail guns, stud guns, staple guns), jacks, forklifts, aerial lifts, lawn mowers, drain pipes, ATV, ATC, cars, trucks (rollover, etc.), SUV, vans, motorcycles, off-road dirt bikes, motorcycle helmets, tennis balls, bicycles, bike helmets, bikes, recumbent bikes, motor homes, campers, barns, smokestacks, space heaters, power lines, gas lines, propane or natural gas that explodes ignites or burns, paper shredder, hand brakes, brake press, trailers, boats, snowmobiles, dune buggies, airplanes, aircraft, planes, trains, tractors, seat belts, seat belt systems, steering wheels, barrier guards, airbags, airbag sensors, child seats, seat backs, gas tanks, tires, wheels, tobacco, cigarettes, chemicals, asbestos (mesothelioma), blasting supplies, construction sites (work injuries), cranes, derricks, lifters, loaders, scaffolding, welding equipment, ladders, elevators, escalators, shut off valves, safety equipment, safety glasses, helmets, power lines, guns, firearms, malfunctioning or exploding handguns, shotguns, and rifles, plumbing systems (scalding or hot water that causes burns, pvc pipe), garage doors and garage door openers, toys that cause a child to choke, child’s toys, fireworks, food poisoning, salmonella poisioning, bed rails, cribs, baby walkers, seat in passenger car, insufficient roof strength in pickup truck, glass in SUV window, etc.

An Oregon or Washington personal injury lawyer can help an injured person evaluate whether the injury was just a so-called accident or whether the injury was caused by a manufacturer putting profits over people.

If you have been injured by a defective product, it is important to have an Oregon or Washington lawyer evaluate any personal injury claim you may have. The law provides strict deadlines for bringing personal injury claims. It is critical that you contact an Oregon or Washington injury lawyer or an Oregon or Washington accident lawyer if you think that you may have a claim. A personal injury lawyer at Vangelisti Kocher LLP can provide you a free consultation to discuss your injuries and legal rights.

For information related to defective products in other circumstances, please click on our related site at www.vangelisti.com and then click on Defective Products under the Practice Area heading.

Cities Served in Oregon:

Astoria, Warrenton, Seaside, Tillamook, Lincoln City, Newport, Toledo, Florence, Reedsport, St. Helens, Scappoose, Portland, Forest Grove, Aloha, Beaverton, Tigard, Tualatin, Gresham, Lake Oswego, Gladstone, West Linn, Oregon City, Newberg, McMinnville, Molalla, Woodburn, Mount Hood, Keizer, Salem, Silverton, Dallas, Stayton, Lebanon, Sweet Home, Springfield, Eugene, Oceanside, Cottage Grove, Oakridge, Bend, Redmond, Prineville, Madras, The Dalles, Chenoweth, Hood River, Hermiston, Milton, Freewater, LaGrande, Baker City, Burns, Lakeview, Ashland, Klamath Falls, Brookings, Pendleton, Seaside, Medford, Grants Pass, Tri-City, Myrtle Creek, Winston, Roseburg, Green Sutherlin, Coos Bay, North Bend, Reedsport, and Brookings.

Cities Served in Washington:

Bellingham, Anacortes, Oak Harbor, Lynden, Everett, Shorelin, Seattle, Bremerton, Tacoma, Olympia, Hoquiam, Aberdeen, Centralia, Chehalis, Longview, Port Angeles, Neah Bay, Aberdeen, Vancouver, Wenatchee, Spokane, Moses Lake, Walla Walla, Richland, Kennewick, Yakima, Umatilla, Sunnyside, Grandview, Toppenish, Cheney, Ephreta, Kent, Shelton, Hoquiam, Port, Townsend, Centralia, Redmond, Inglewood, Sedre, Wooley, Mount Vernon, Mill Creek, Kikland, Bellevue, Renton, and Auburn.