- The defendant was engaged in the business of selling the product.
- The product was in a defective condition that was unreasonably dangerous to the plaintiff when the product left the defendant’s hands; and
- The product was intended to and did reach the plaintiff without substantial change in the condition in which was sold.
A product may be in a defective condition in the following ways:
- By design of the product itself;
- By flaw arising from the manufacturing process; or
- By the absence of adequate warnings or instructions.
Additionally, a defendant is liable for damages if the above is proven even if the defendant “exercised all possible care.” ORS 30.920(3); Restatement (Second) of Torts §420A comments g-h (1965).
To prove these things, an engineer is required to explain to the jury how and why the product is defective. Oftentimes, plaintiffs have to spend thousands and thousands finding exemplars of the product and then put them through tests. These are very expensive cases to try.
by C. Michael Arnold,
Attorney at Law
Arnold Law Office, LLC
Photo: A defectively designed scooter with a broken weld.