How does the law distinguish between a product’s design and its warnings?

In Oregon, Products Liability Law is used to determine responsibility when a person is injured by a malfunctioning product. In a products liability case, the court must determine if there was a defect in the product’s design, or if inadequate warnings or instructions accompanying the product caused the injury. The law recognizes two types of defects: design and warning. A design defect occurs when the product itself is unsafe or contains a manufacturing flaw. This means that all products of that type would be considered defective and are likely to cause harm to the user. An example of a design defect would be a toaster that catches fire every time it is used. A warning defect occurs when the risks of a product’s use are not adequately communicated to the public. This means that the warnings or instructions accompanying the product failed to inform the user of potential risks or how to use the product safely. An example of a warning defect might be a snowblower that was not labeled with a warning that it should only be used in dry conditions. The law distinguishes between design and warning defects by looking at the cause of the injury and determining if the product was faulty in design or if inadequate warnings were communicated to the user. If the product was defective in design, the manufacturer may be found liable for damages. If inadequate warnings were given, the manufacturer may still be liable for damages if the plaintiff can demonstrate that the warning would have been effective in preventing the injury.

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How does the law distinguish between a product’s design and its warnings?

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