Defective Product

Oregon Defective Product Liability

Strict Liability for Oregon Defective Products

In Oregon there is strict liability for a defective product.  See UCJI No. 48.01  A business or person is liable if the product was in a defective condition that was unreasonably dangerous to the user when the product was leased or sold.

What is an unreasonably dangerous product?

A product is unreasonably dangerous when it is dangerous to an extent beyond that which would be contemplated by the ordinary consumer.  See UCJI No 48.03

In Oregon, does one have to prove that the product manufacturer was negligent?  The manufacturer or seller is strictly liability for a defective product if the product was defective and unreasonably dangerous when sold.  See UCJI No. 48.03  Even if a seller of a product in an unreasonably dangerous defective condition exercises all possible care, the seller is still liable for the harm.  See UCJI 48.04

What makes a product defective? A product can be defective in the following ways  (See UCJI No 48.02):

  • Defective design
  • A manufacturing flaw
  • Absence of warnings or adequate instructions

Is the seller of a product required to warn of a product that is obviously dangerous?  No. A seller to warn or instruct with regard to a danger that is generally known and recognized.  For instance, knives are generally used for cutting and are usually sharp.

Are there any defenses to defective product liability in Oregon?  Yes,  the seller or manufacturer can claim one or more of the following defenses:

  • The product was modified after sold and modification of the product caused  caused the injury.  See UCJI No. 48.05
  • The consumer was at fault for causing his/her own injuries in some way.  See  UCJI 48.08
  • The consumer misused the product in a way that was not reasonably foreseeable.  UCJI 48.06

 

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