Portland Defective Product Lawyer
No matter the home or office appliance, big or small, consumers expect every product they purchase to serve them as intended. Manufacturers, retailers, and distributors have a duty to produce and sell products that perform their functions and most importantly, are safe for use.
If you or a loved one has suffered an injury from using a particular product, you may be dealing with a defective product claim. Additionally, you might qualify for a settlement to compensate for the resulting damages to you or your property.
Not sure whether you’re eligible to file a claim? Reach out to the lawyers at Craig Swapp & Associates to understand your rights and possible claim value.
What to Expect After Filing a Defective Product Claim
After reviewing your case, your attorney will draft a demand letter and send it to the defendants, notifying them of your claim. In defective product cases, it’s possible to have more than one liable party.
When the defendant assesses your claim, they might request more evidence during the discovery process. The insurance company may deny your claim over certain grounds or present an offer with an amount they’re willing to pay as settlement.
If the amount is not sufficient to cover the damages as you had anticipated, your attorney can further negotiate to ensure all your damages from the defective product are covered. If they fail to settle, further action may include filing a complaint at a civil court to begin trial proceedings.
Proving Fault in a Defective Product Case
To successfully file a product liability claim and pursue compensation, a plaintiff has to prove the following things:
- You or the injured party were using the malfunctioned product as intended by the manufacturer or seller
- The product had a defect, including manufacturing, design, or lack of warning
- The defect caused the injuries in question
- You suffered harm from the product’s defect
All of the above are things that a defective product lawyer can help you prove through evidence and representing your interests during negotiations.
Oregon Laws That May Affect Your Claim
As you make decisions for your claim, there are several statutes that could impact your compensation.
According to the state’s statute of limitations, defective product victims should file a claim within two years of suffering or discovering an injury, lest the claim is barred. If the case involves wrongful death, the period is three years instead.
Under Oregon’s comparative fault law, a product liability plaintiff cannot recover any damages if they’re found to be more than 51% responsible for the accident.
Talk to a Portland Defective Product Attorney
Defective product cases are particularly complex to navigate because you’re likely filing a claim against large corporations with lots of resources at their disposal. But this should not discourage you if you’ve suffered injuries after using a defective product.
Let an experienced Portland defective product lawyer help you pursue justice against such defendants by requesting a case evaluation. Call Craig Swapp & Associates at 1-800-404-9000 or send us a message through our contact form to get in touch.