What factors do courts consider when determining whether a product is defective?

In Oregon, courts consider several factors when determining if a product is defective and therefore subject to product liability laws. First, courts examine if the product was designed properly. This includes looking at whether the product meets established industry or safety standards. Courts may also evaluate if the product was manufactured correctly, including whether the materials used were up to the necessary standards or if any components of the product were assembled incorrectly. Next, courts consider if there were any warnings or instructions provided with the product that would have made it safer. This includes any warning labels or instructions provided by the manufacturer. Courts must also consider if the product was being used as intended or if it was being misused in any way. If the product was being misused, the court may assign less liability to the manufacturer. Finally, courts may examine the context in which the product was being used. This includes whether the product was given to a consumer for free and was not meant to generate a profit. If the product was being used for commercial purposes, the court may assign a higher degree of liability to the manufacturer. Overall, courts in Oregon consider many factors when determining if a product is defective and thus subject to products liability laws. While the factors mentioned cover the most common considerations, courts may consider other elements depending on the circumstances of the case.

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What factors do courts consider when determining whether a product is defective?

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