People purchase products expecting them to be suitable for their advertised purpose. Even if an item is potentially dangerous, individuals trust that using it according to manufacturer instructions will reduce their risk of injuries.
Product liability law differs from other personal injury lawsuits in that it discourages manufacturers from placing profits over safety. Negligence is generally an element of personal injury claims, but product liability claims are strict liability.
Proving negligence is not part of establishing liability in Portland product liability cases. Instead, you need to prove that the product was defective and that the flaw led to injury. Our experienced product liability attorneys can explain in more detail during an initial consultation.
Understanding Product Liability
Product liability refers to the legal responsibility of manufacturers and sellers when a defective item causes harm to consumers. A flawed product does not perform its intended use or exposes consumers to an unforeseeable or unreasonable risk.
Purchasers have a right to expect that they will not face injuries when using consumer goods as intended. If harm occurs because of a defect, the injured party can file a civil lawsuit to seek compensation.
Special laws govern product liability and determine who is responsible and how to prove fault. Potentially liable parties include manufacturers, designers, and sellers. A Portland lawyer can help their client establish liability for a defective product case.
Proving Product Liability
An injured party in Portland must take steps to establish liability and win a product liability case. This includes proving duty of care, identifying the defect, and showing that it directly caused their injuries.
Duty of Care
Everyone, from manufacturers to sellers, has a duty of care to sell safe products. If a product is unsafe, manufacturers must warn consumers of the dangers. Some products—like cigarettes—are inherently hazardous. Manufacturers, distributors, and sellers can still market these items, but they must include warnings to the consumers about their potential dangers.
Injured parties must prove that a defect in the design, manufacturing, or marketing of the product harmed them.
Types of Defects
A design defect occurs when a product has an inherent flaw that makes it dangerous. For this defect to qualify, the product must have the potential for a safer design.
Manufacturing flaws occur when a design is safe but a mistake in its creation makes it dangerous. Weak parts are an example of a manufacturing error. These can threaten the physical integrity of the product, make it vulnerable to fire, or otherwise create hazards that should not exist.
A marketing flaw occurs when a product is safe as designed and manufactured but only for its intended use. For example, a blow dryer can be perfectly safe but still dangerous when used in the bathtub. Failing to warn people that it is not to be used in water could be a marketing defect. These defects may also occur when a product is inherently dangerous, but there are no warnings for consumers.
Connecting the Defect to the Injury
Users must show that they used the product as intended and followed directions. For example, almost all drugstore hair color kits include instructions for people to do a skin test before applying the hair color. A person who fails to do the skin test and has an adverse reaction would not have a product liability claim because they failed to follow the instructions.
Once this is established, the plaintiff must demonstrate that the defect led to an injury that created damages, such as medical bills, pain and suffering, and emotional trauma.
Learn More About Establishing Liability in Portland Product Liability Cases
You do not have to prove negligence to recover for a defective product. Instead, you must prove that one of three defects—design, manufacturing, or marketing—led to your injuries.
Schedule a consultation with a seasoned personal injury attorney today to learn more about establishing liability in Portland product liability cases.
