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We put our trust in the products that companies make every day. Sometimes, however, those products have defects. Defective products can cause serious injuries that leave you with overwhelming medical bills. Thankfully, our defective products attorneys are here to support you. With assistance from a lawyer at Swanson, Lathen, Prestwich, PC, you can win compensation to eliminate your mountain of medical bills and move beyond your painful experience. Located in Salem, our law firm is proud to serve the entire state of Oregon.
DEFECTIVE PRODUCT ATTORNEYS
Get the Help You Need After Being a Victim of Defective Products
When you buy something, you expect it to work how 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 significant 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 faulty 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.
Unwavering Advocates for You
The legal process for defective product lawsuits varies depending on how cooperative the defendant’s legal team is, what the product was, and how severe the injury was. However, the expert lawyers at Swanson, Lathen, Prestwich, PC don’t back down, no matter the case. Here’s how we help you.
Step One
INVESTIGATE AND FILE YOUR CLAIM
The first thing we do is gather evidence about the defective product. We put together a solid team, including investigators, accident reconstructionists, forensic engineers, and others, to break down what happened and why the product failed to perform.
Step Two
MAKE A DEMAND AND NEGOTIATE OFFERS
Next, the defendant’s legal team will return with an offer or make their demands. This is where the defective products attorneys at Swanson, Lathen, Prestwich, PC come in. We take charge and deftly handle these negotiations for you.
These cases often do not settle without litigation, i.e. filing your case in court. Therefore, we are prepared to advocate for you throughout the litigation process, which includes filing documents in court, appearing at hearings, taking depositions, participating in product inspections, and preparing your case for trial, if necessary. Having an experienced and skilled defective product attorney will be the difference in whether you’re compensated or not.
Step Three
RECEIVE A PAYOUT
After battling your case for you, you’ll receive compensation, and our fees will be covered by the defendant’s insurance company’s payout. (Remember, we only charge a fee if we win your case.)
It’s time to get fairly compensated for what you’ve been through. Reach out to the professionals at Swanson, Lathen, Prestwich, PC to get support from an experienced defective products attorney.
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.
Can I file a defective product liability claim?
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 require specialized experience and training due to the technical difficulty these cases present.
These cases are impossible to handle independently and require skilled attorneys like those at Swanson, Lathen, Prestwich, PC. We’ll help you make sure your case is prepared and handled correctly.
Who do I sue for a defective product claim?
Choosing who to sue in a defective product claim can be complicated, as several parties may be liable. A few possible parties that you can sue 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, a single corporation may manage all of these parties. 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.
Who is liable if I am injured or damaged by a defective product?
Multiple parties may be held liable if a defective product injures you. As 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.
What are the different kinds of defective product liability claims?
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.
What must I prove in order to win my defective product liability lawsuit?
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. A defective product attorney can help you build a strong case and gather essential evidence.
How long do I have to file a defective product liability claim in Oregon?
Under Oregon law, you have two years from your injury to file a defective product liability claim. However, Oregon has 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 your 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 and expertise you need to make and prove your claim.
Client Reviews
I was involved in an accident, and was having difficulties dealing with my insurance company.One of my neighbors recommended me to Brian Lathen, after a very prompt meeting I retained his services.Durring a long and tiring process, the staff at Swanson Lathen and Prestwich made me feel so much more comfortable, and helped greatly in getting through it.Along with now having a trusted lawyer/allie to call if anything unexpectedly happens in the future. I feel like I had made a friend.Thank you.
Swanson Lathen Prestwich is a Godsend!I was in a terrible car crash, literally caused by another person who admitted fault to the police, to their own insurance, to my insurance and I STILL had to fight for fair compensation. Realizing I needed to get a lawyer involved, an acquaintance recommended Travis Prestwich.After meeting Mr. Prestwich, I was immediately at ease. He was very knowledgeable, kind, welcoming and realistic. I appreciated that he actually listened to me and provided information that helped me get into the right mind frame. Travis was very patient and kind and responded to questions rather quickly. I appreciated his realistic approach and learned quickly that other lawyers, judges and community members, highly respect him; which was a huge sign that he was the right person for my situation!His staff, Carrie Meeker and Jennifer Hiser were equally phenomenal during the process! They were also very kind, empathetic, knowledgeable and responded to inquires in a timely manner and were just wonderful to work with. As odd as this sounds, I really enjoyed talking with them and knew that once my case with over with that I would miss all three of them.When the time came, and I had to go through a settlement hearing, Travis was by my side the whole way through. The unknown always frightens me but he found a way to keep me at ease with his calm demeanor. This review doesn’t even do this trio justice! They are wonderful people and did a phenomenal job on my case.I pray I never have to go through this process again however if I do, Travis will be the very first person I call. I HIGHLY recommend Swanson Lathen Prestwich and Travis Prestwich, Carrie Meeker and Jennifer Hiser!! I wish there were more people out there like them! I give them an A+++
Mr. Prestwich and his entire staff were nothing but kind, supportive and professional through the entire process of helping me with my car accident settlement. The outcome was exactly what I had hoped for and it was all because of the hard work that was done by this office.
Myself and my family have worked with Keith Swanson since the late 80's.Unfortunately when an accident occurs you need to make good decisions.You can't go wrong with Keith.He's an amazing man. Honest, straight forward and well respected in the industry.Not to mention one of the best accident attorneys in the profession.Thank you Keith, and Chris.
Great Services! Helpful reception. Brian Lathen was great and helped a lot.
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