The Gatti Law Firm helps people across Oregon seek financial compensation after suffering a serious injury caused by a dangerously defective product. With more than 45 years of legal experience, our team is ready to take on major product manufacturers who look for any avenue possible to challenge and defeat claims filed against them.
We can help with claims involving defective:
- Auto parts
- Medical devices
- Pharmaceutical drugs
- Children’s toys
- Baby products
- And more
Our goal from the beginning of your case is to get you as much compensation as possible. We want to ensure you are fully paid for your medical expenses, lost wages, pain, suffering, and so forth. Let us know what happened today, and we can let you know if we can help.
Different Product Defects
Products can become defective through three different means:
- Design defects: When a product is designed unsafely, it has a design defect. Because design defects are inherent to a product, it is impossible for any products of the same type to be considered safe.
- Manufacturing defects: When a product is created unsafely after the design phase, it has a manufacturing defect. Many manufacturing defects only affect one or a few lots of a product, so it is possible for one person to have a safe product while another has an unsafe one.
- Marketing defects: When a product is advertised or sold without providing enough safety information to the consumer, it has a marketing defect. For example, if there is no instruction manual included with a potentially dangerous product, then it could become unsafe due to the consumer’s own inadvertent errors while using it.
Oregon Statute of Limitations on Product Liability Cases
Oregon has a two-year statute of limitations on product liability cases. Typically, the statute of limitations begins on the date of the user’s injury.
However, Oregon allows the statute of limitations for product liability cases to begin whenever the connection between the injury and the product becomes reasonably clear or official. This wrinkle in the law allows you to sue a product maker well after two years have passed since your injury or illness first began. For example, many people who are hurt by defective medical devices won’t realize the connection between those devices and their symptoms for some time.
Special Damage Considerations in Oregon
The typical modified comparative negligence rule used in Oregon applies to product liability cases. Under this rule, you can’t recover any damages from the product maker if you are 51% or more to blame for your injury. This gives the defendant an opportunity to try to argue that you were intentionally misusing the product or using it in a way that should have been obviously dangerous to a reasonable person.
In what could be considered a victory for claimants, though, Oregon allows cases for “intermediate economic losses.” This rule could allow you to sue a product maker just for selling you an unsafe product even when it did not cause you to suffer a physical injury. As can be expected, such cases are highly complex, so you should only approach them with the assistance of an experienced attorney.
Put a Successful Legal Team in Your Corner
If you need to challenge a product manufacturer for damages and compensation, then you should expect a serious wall of legal defense, especially if you are suing a large corporation. To give yourself a fighting chance, call (503) 543-1114 and work with the Oregon product liability lawyers of our firm. We are here to use our experience to your advantage.
Free initial consultations are available to inquiring clients.