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Every year, thousands of individuals suffer injuries from products that malfunction or fail to perform as expected. If the injury resulted from an item defect, product liability law allows the injured consumer to collect monetary compensation from the product’s manufacturer or distributor.
A Hermiston defective products lawyer could help you fight for financial recovery for the injuries you suffered. Your time to bring a lawsuit is limited, so it is in your best interests to retain an injury attorney as soon as possible.
The injured plaintiff must prove specific facts to be successful in a product liability lawsuit. First, they must show that the defendant—usually a manufacturer or seller—produced or distributed the product that caused the injury.
The plaintiff also must establish that they suffered an injury because of a particular defect in the product. Usually, defective products cause physical injuries that an attorney in Hermiston could prove by introducing medical records and bills.
However, there are various ways a product might be defective. For instance, the plaintiff could establish a product defect by showing that the label was inadequate. If instructions to use the product were not clear or side effects were not listed, the manufacturer or seller could be liable.
Defendants will almost certainly have several defenses to deny liability for a plaintiff’s injuries. However, an experienced lawyer in Hermiston familiar with product liability actions could help the plaintiff prepare evidence and counterarguments to possible defenses and accusations in a fight for a favorable outcome.
First, a defendant might assert that a plaintiff altered the product in a way that made it dangerous. A possible counterargument in this case would be that the manufacturer should have anticipated any alterations. If the manufacturer should have anticipated the plaintiff’s alteration, they were responsible for ensuring the product would be safe as altered.
Similarly, a manufacturer might argue that the plaintiff misused the product, which was the cause of the accident. Again, a plaintiff could argue that the manufacturer should have anticipated that a consumer might use the product in the way the plaintiff did.
If the manufacturer proves that the consumer’s unanticipated use of the product contributed to the accident, the plaintiff could still collect damages. Notably, Oregon does allow plaintiffs to collect reduced damages if they are not more than 50 percent responsible for an accident.
In general, the law allows individuals two years from the date of an incident to file a lawsuit for personal injuries. If an injury was not immediately apparent, the plaintiff could file suit within two years of the date they discovered the injury.
Sometimes, a product malfunctions, injuring someone long after the product was sold. Oregon Revised Statute 30.905(2)(a) dictates that any lawsuit alleging a product defect must be filed within ten years of the date the product left the manufacturer’s control. A local lawyer could determine whether that statute might bar a successful action in a particular case.
Taking a manufacturer to court might seem intimidating, but it does not need to be. A skilled advocate could determine the best course to take and pursue it with vigor until you receive reasonable compensation for your losses.
Waiting to file risks losing your right to the compensation you deserve. Make an appointment today to speak with a Hermiston defective products lawyer.