What are the differences between design defect and manufacturing defect claims?
Design defect and manufacturing defect claims are two types of product liability claims that exist in Oregon. A design defect claim occurs when there is an issue with the product’s design. The product does not meet the expectations of the consumer and is unreasonably dangerous. Design defect claims are based on the idea that the product is inherently unsafe, meaning that any product made in a similar fashion would have the same defects. A manufacturing defect claim, on the other hand, occurs when there is an issue with how the product was manufactured. The product may have been put together improperly, or a component may have been missed. The product was not made according to the intended design, making it unsafe even though the design was meant to be safe. In Oregon, plaintiffs making a product liability claim must prove that the manufacturer, distributor, or seller were negligent in some way. In a design defect claim, the plaintiff must show that the product was not reasonably safe when it left the manufacturer, whereas in a manufacturing defect claim, the plaintiff must show that the product was not made according to the original design. Overall, the difference between design defect and manufacturing defect claims lies within how the product is conceived and how it is made. In Oregon, the burden of proof is on the plaintiff to prove the claim, regardless of which type of defect they are claiming.
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