Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.

If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.

The following information regarding defective products is brought to you as a public service by the lawyers of the State of Oregon. The material presented is general legal information intended to alert you to possible legal problems and solutions.

If a defective product causes an accident that results in death, injury or property damage, the manufacturer, distributor, retailer, and lessor of the product may be liable for the damages caused by the product. The party suffering injury or damage is called the plaintiff, and the party sued for damages is called the defendant.

The plaintiff must establish that a product has a defect that made it unreasonably dangerous at the time the product left the control of the defendant. "Unreasonably dangerous" means that the product must be more dangerous than the ordinary user would expect. Such a defect can be shown by proving a flaw in the materials used, faulty manufacturing, an unsafe design, or inadequate instructions or warnings. It may also be possible to show that the product was defective because it did not perform in keeping with the user's reasonable expectations. It is not necessary to prove that the defendant was negligent.

Although a defect in the product must have existed when it left the defendant's control, it need not have appeared immediately. Many defects do not cause accidents or occurrences until later in the product's useful life.

The plaintiff must show that after the product was placed in use, it was not altered in a way that materially increased the risk of product failure or accident. However, if such an alteration was made according to the defendant's instructions, the alteration itself may be the defect.

If a defective product causes an accident, it is possible to bring a lawsuit against the manufacturer or distributor of the product, even though the person injured purchased the product from a retailer and not directly from the manufacturer or distributor. The damaged party can be the purchaser, consumer, user of the product, family member or bystander. It is necessary to show that the company sued was in the business of manufacturing or marketing such products and distributed the defective product that caused the accident.

Usually disclaimers or limitations of liability for damages in the seller's or manufacturer's sales contracts or product literature do not prevent a person from recovering damages. This is especially true if the product was purchased and used primarily for personal or household use--as distinguished from business purposes.

It may be possible to recover against a seller of a used product, if the seller is in the business of selling such used products and made an explicit or implicit representation that the product was safe.

The total damages in a product liability case may be subject to reduction because of the contributory fault of the plaintiff that was related to the accident. Oregon's product liability laws require a plaintiff to be no more than 50 percent at fault to be awarded damages. In addition, the defendant is not liable for harm if the harm was caused by the plaintiff's misuse of the product.

If you think you have a products liability claim, it is very important to protect and preserve the product as much as possible, and prevent any avoidable deterioration or change in it. This is so, even if the product has been damaged in the accident and is quite large. Examination for defects by an expert may be required. It is also important to gather and save all purchase bills, sales contracts, and delivery, assembly, repair, maintenance, service and warranty papers and any other documents that may be available. Such information will be very helpful.

In Oregon, you must ordinarily file your lawsuit within a maximum of two years after the death, damage or injury. If, however, at the time of the accident the product was more than eight years old, you probably will not be able to bring a lawsuit. There are exceptions to the eight-year rule for asbestos products and breast implants containing silicone, silica or silicon, side-saddle gas tanks and certain extendable equipment.

This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.