Portland Product Liability Lawyer

Holding Negligent Manufacturers Accountable: Product Liability Law in Portland and Throughout Oregon

In a world filled with consumer products, safety is paramount. Unfortunately, defective products can lead to serious injuries, turning everyday items into potential hazards. At WKD Law, our specialized team focuses on representing individuals in Portland and throughout Oregon, who have suffered harm due to faulty products. The dedicated legal professionals are here to guide through the legal process and ensure accountability for those responsible.

Navigating the Complexities of Product Liability Law:

Product liability cases require a nuanced understanding of both legal principles and the intricacies of manufacturing. The skilled team at WKD Law possess comprehensive knowledge of Oregon’s product liability laws and are ready to apply this expertise to any case. The team meticulously analyzes the circumstances surrounding the injury to build a compelling case against the negligent parties.

Our Approach to Product Liability Cases:
  1. Thorough Investigation: No stone is left unturned when investigating product liability cases. The team collaborates with experts in engineering, design, and manufacturing to identify defects, deviations from safety standards, or lapses in quality control.
  2. Proving Negligence: Success in a product liability claim hinges on proving negligence. The team works diligently to establish that the product’s defect directly caused the injuries and that the responsible parties failed to meet their duty of care.
  3. Negotiation and Litigation: The goal is to secure fair compensation for injuries.WKD Law engages in negotiations with manufacturers, distributors, or insurers to reach a favorable settlement. If needed, the team is prepared to litigate aggressively in court to protect the client’s rights.
Why Act Promptly:

Product liability cases often involve intricate legal procedures and statutes of limitations. Acting promptly is essential to preserve evidence, meet filing deadlines, and strengthen the case. Contacting WKD Law as soon as possible allows the initiation of the legal process promptly.

Compassionate Advocacy for Recovery:

Understanding the physical, emotional, and financial toll that a product-related injury can take on a person’s life, WKD Law not only focuses on securing compensation but also on supporting the overall recovery. The compassionate approach ensures that clients are not alone in the legal journey.

If there has been an injury due to a defective product, WKD Law is ready to be the advocate. Schedule a free consultation to discuss the details of the case and explore legal options. The team is here to fight for rights and pursue the justice deserved.

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Practice Areas

Product Liability Lawyer Portland Oregon

Years of expertise in Portland and throughout Oregon, navigating product liability laws. Proven results in holding negligent parties accountable. Trust our team for effective representation.

Product Liability - Peterson v. Bard

In late June, tragedy struck Justin Peterson, a 28-year-old farmer, husband, and father, as he broke his leg and developed deep vein thrombosis (DVT), a condition marked by blood clots in the legs. Diagnosed with a clotting disorder, Justin had been on anticoagulant medication since age 20. To mitigate the risks, his doctor implanted an inferior vena cava (IVC) filter, a small device designed to prevent blood clots from reaching the lungs. The defendants, C.R. Bard, Inc. and its subsidiary Bard Peripheral Vascular, Inc. (Bard), were responsible for manufacturing and marketing the filter.

Five years after the implantation, Justin faced excruciating abdominal pain, leading to an emergency room visit. Imaging revealed the filter’s migration, tilt, perforation of the inferior vena cava, and penetration into vital organs. Fractures in the filter exacerbated Justin’s condition, causing severe gastrointestinal bleeding and necessitating intensive care and multiple abdominal surgeries.

WKD Law took on Justin’s case, alleging negligent design and failure to warn on the part of Bard. We argued that Bard rushed the market release of a retrievable IVC filter without adequately testing for potential complications, despite knowing of 32 filter fractures before Justin’s surgery. The manufacturer’s disregard for non-obvious risks, including migration, tilt, and perforation, resulted in severe consequences for Justin and other patients.

Proving that Bard prioritized profit over safety, we exposed internal communications admitting insufficient knowledge of the device’s long-term performance. Despite marketing claims of fracture resistance, the company did not conduct adequate tests and downplayed the importance of tilt resistance.

Two months after the full market release, seven deaths occurred due to filter migration to patients’ hearts. Our relentless pursuit of justice uncovered the manufacturer’s negligence, leading to a historic victory. WKD Law secured the first jury verdict in the country for failure to warn about the dangers of this IVC filter, resulting in a recovery of just under $1 million for Justin. This case underscores the importance of holding manufacturers accountable for transparently communicating risks associated with their products, ensuring the safety and well-being of consumers.

Leading Product Liability Cases in Portland and Throughout Oregon: Expertise and Proven Results

Defective Design

Navigating defective design cases, we specialize in instances like flawed medical device designs. Our legal team excels in holding manufacturers accountable for products that fail to meet safety standards, ensuring our clients receive rightful compensation for injuries caused by design defects. Trust us for expert representation in complex defective design cases.

Manufacturing Defects

In manufacturing defect cases, we diligently pursue justice, addressing issues such as faulty airbags. Our seasoned legal team excels in holding manufacturers accountable for deviations from safety standards, ensuring clients receive fair compensation for injuries caused by defective manufacturing. Trust us for expert representation in complex manufacturing defect cases.

Failure to Warn

In failure to warn cases, we specialize in instances involving chemicals and hazardous materials. Our experienced legal team excels in holding manufacturers accountable for inadequate warnings, ensuring clients receive rightful compensation for injuries. Trust us for expert representation in complex failure to warn cases, addressing the risks associated with products.

Types of Product Liability Legal Claims

In navigating product liability cases, understanding the various legal claims is crucial. At WKD Law, our specialization lies in handling a range of product liability claims to ensure deserved compensation for our clients.

1. Design Defects: Design defects occur when flaws in a product’s design make it inherently unsafe for its intended use. Our experienced team thoroughly investigates product designs, collaborating with experts to identify and prove the existence of design defects. The goal is to hold manufacturers accountable for releasing products with dangerous designs that put consumers at risk.

2. Marketing Defects (Failures to Warn): Marketing defects involve inadequate warnings or instructions that fail to alert consumers about potential risks associated with using the product. Injuries due to a lack of proper warnings prompt our legal team to prove that the failure to warn was a direct cause of harm. The focus is on establishing the manufacturer’s responsibility for providing clear and sufficient warnings to users.

3. Breach of Warranty: Products come with implied or express warranties regarding safety and performance. A breach of warranty claim arises when a product fails to meet these assurances, leading to injuries. Whether dealing with a breach of the manufacturer’s explicit warranty or a violation of implied warranties, our expertise lies in pursuing compensation based on the failure of these product assurances.

At WKD Law, recognizing the diverse nature of product liability claims, we tailor our approach to the specific circumstances of each case. Whether addressing design defects, marketing defects, or breach of warranty, our commitment is to seek justice and hold responsible parties accountable for the harm caused by defective products.


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Responsibility in Product Liability Cases

Determining liability in product-related injuries involves identifying key entities in the supply chain. At WKD Law, we recognize that responsibility extends beyond manufacturers.

Manufacturers: Primary responsibility lies with the manufacturers who design and produce the products. Our team meticulously investigates manufacturing processes to pinpoint defects and ensure accountability for any resulting injuries.

Distributors: Distributors play a crucial role in the product chain. If a defect occurs during distribution, we work to establish their responsibility in ensuring the safe transport and delivery of products to consumers.

Retailers: Retailers are the final link before products reach consumers. Holding them accountable is vital, especially if they were aware of defects or failed to provide adequate warnings. Our commitment is to thoroughly examine each party’s involvement to secure compensation for our clients. Whether dealing with manufacturers, distributors, or retailers, we pursue justice for those harmed by defective products.

Preserving Evidence in Product Liability Cases

Preserving evidence is paramount in building a strong case in product liability claims. At WKD Law, we emphasize the importance of acting promptly to secure crucial evidence that can significantly impact the outcome of your case.

Timely Action: Time is of the essence in product liability cases. Acting promptly allows our team to gather and document evidence before it’s lost, ensuring a thorough and effective case strategy.

Expert Analysis: We collaborate with industry experts to analyze product defects, manufacturing processes, and any other factors contributing to the liability. This comprehensive approach strengthens your case and enhances the chances of a favorable resolution.

Documentary Evidence: From product manuals to quality control records, preserving all relevant documentation is vital. This evidence can establish a timeline of events and highlight any negligence on the part of manufacturers, distributors, or retailers.

Frequently Asked Questions

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for producing and selling defective or dangerous products. In personal injury cases, individuals harmed by such products can seek compensation from these responsible parties.

Product liability claims typically arise from three main types of defects: design defects, manufacturing defects, and inadequate warnings or instructions. These defects can lead to injuries, making the product’s manufacturer or distributor liable for damages.
In Oregon, product liability claims generally have a two-year statute of limitations. It’s crucial to act promptly to ensure compliance with legal deadlines and to gather evidence effectively for a strong case.
Compensation in a product liability case may include medical expenses, lost wages, pain and suffering, and potentially punitive damages. The exact amount depends on the severity of injuries and the impact on the individual’s life.
Our experienced legal team specializes in navigating product liability laws in Portland and throughout Oregon. We conduct thorough investigations, negotiate with responsible parties, and, if necessary, litigate to secure fair compensation for our clients.


Portland Personal Injury Lawyer - Product Liability

Keith has a notable record in personal injury cases, including groundbreaking achievements in product liability. Notably, he obtained the first jury verdict in the country for failure to warn about a medical device’s dangers. This case involved a device marketed without sufficient warnings about potential complications known to the manufacturer, resulting in a significant $926,000 Jury Verdict. Recognized among Oregon’s Top 50 lawyers and by Super Lawyers, Keith is distinguished for ethical and effective representation. Elected to the American Board of Trial Advocates and listed in Best Lawyers in America, he holds a stellar reputation. With a “10.0 Superb” rating on Avvo.com and an “AV Preeminent” rating by Martindale-Hubbell, Keith is renowned for his ethical conduct and legal prowess.

Contact Our Law Firm

WKD Law is dedicated to personal injury cases, serving clients in Portland and throughout Oregon. With a history of successfully trying personal injury cases to verdict in state and federal courts, we prioritize ethical and effective representation. Our recognition by former clients and fellow Oregon lawyers underscores our commitment to justice.