Strict Liability for Oregon Defective Product Claims
What do I need to prove in order to have a defective product claim in Oregon?
There is strict liability for defective products in Oregon. See UCJI No. 48.01. A manufacturer or seller of a product is strictly liable if the product was in a defective condition that was unreasonably dangerous to the user when the product was leased or sold in Oregon.
Reasonable Expectation Test: “A product is unreasonably dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases the product with the ordinary knowledge common to the community as to its characteristics.” UCJI No 48.03.
What defenses are available to sellers or manufacturers in Oregon? A seller or manufacturer may assert one or more of the following defenses:
- The consumer misused the product in an unreasonably unforeseeable manner. See UCJI 48.06.
- An after sale product modification caused the injury. See UCJI No. 48.05.
- The consumer of the product did, or failed to do, something which caused his/her own injuries. See UCJI 48.08.
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