DEFECTIVE PRODUCT ATTORNEYS
Get the Help You Need After Being a Victim of Defective Products
When you buy something, you expect it to work the way it says it will. You certainly don’t expect it to leave you with injuries or disfigurement.
Unfortunately, defective products can cause serious harm. They can lead to burns, cuts, lacerations, choking, fractures, organ failure, and other major problems. On top of that, they can cause emotional trauma due to the physical harm those products caused you or a loved one.
In Oregon, there are more than 200,000 injuries from defective toys alone. That’s not to mention all the other defective products on the market causing harm.
You shouldn’t have to suffer when companies fail to deliver the safe products they market. Our team of defective products lawyers is ready and waiting to get you compensation for the harm these types of items have caused you.
FAQs About Defective Product Claims
Defective product claims can be complicated, even for the most seasoned experts. Here are some frequently asked questions to make things easier.
Defective product liability claims fall under the umbrella of personal injury lawsuits. While there are similarities between defective product cases and other personal injury claims, they do require specialized experience and training due to the technical difficulty these cases present.
These cases are all but impossible to handle on your own and really require skilled attorneys like those at Swanson, Lathen, Prestwich, PC. We’ll help you make sure your case is prepared and handled correctly.
Choosing who to sue in a defective product claim can be complicated, as there are several parties that may be liable. A few possible parties that you can sue typically include:
- The manufacturer: this is the company that develops, designs and makes the product and is responsible for putting it together to create a final product;
- The wholesaler: this is a middleman that purchases products directly from the manufacturer and sells them to retailers to make a profit;
- The retailer: this is the store or company that sells the product to consumers.
In some situations, all of these parties may be managed by a single corporation. Or they may be managed by a foreign entity. In those instances. Regardless, it’s best to work with a defective products attorney to determine who you should sue for your case.
There are multiple parties that may be held liable if you were injured by a defective product. Like stated above, it can be the company that designs, develops and makes the product; it may be the business that sells it. It can be both. A lawyer can help you clarify who the defendant is in your situation and who will be held liable for damages.
There are actually several different types of product liability claims. However, they typically fall under one of these umbrellas:
- Defective design: the design of the product was flawed, resulting in injury;
- Defectively manufactured: the product was poorly, wrongly, or inadequately put together, resulting in injury;
- Failure-to-warn: the manufacturer did not include warning labels or correct usage instructions on the product, resulting in injury;
- Breach of warranty: failure to provide the warranty of the product, causing it to be defective and leading to injury; or
- Defective assembly or distribution: many products have instructions for the retailer or vendor to follow before turning it over to a consumer. Failure to do so can lead to an unsafe product.
Any of these types of claims, among others, may make you eligible for compensation.
Winning your defective product liability case will require you to prove several things. These include:
- That the product was defective
- That the defective product caused your injury or loss
- That you suffered loss, damage, or injury
- That you were correctly using the product as per instructions and as intended, or done incorrectly but could not have reasonably known the correct way to use it.
Remember, if you don’t have one of these you may not be able to win your case. Luckily, a defective product attorney can help you build a strong case and gather essential evidence.
Under Oregon law, you have two years from the date of your injury to file a defective product liability claim. However, Oregon has what’s called a “statute of ultimate repose” or SOUR law. This law limits liability for defective products to 10 years. So, if the defective product is older than that, you may not have a claim unless you case meets certain exceptions. Regardless, the sooner you act, the greater your chance for success. Speak to Swanson, Lathen, Prestwich, PC to get the support you expertise you need to make and prove your claim.
Let Us Help You
We offer free consultations to all prospective clients and if we take your case on, there is no fee unless we win. Let us know how we can help you!