How does a court determine if a product is “unreasonably dangerous”?

In Oregon, when a product is determined to be “unreasonably dangerous,” the court uses a series of tests to determine if the product was defectively designed or manufactured in some way. The court will first examine the product itself to see if any flaws or abnormalities can be identified. If so, the court will consider if the manufacturer or designer should have been aware of the flaw or defect, as well as any steps that should have been taken to prevent it and the likelihood of injury it causes. The court will also consider the dangers posed by the product’s intended use, as well as any known dangers associated with foreseeable misuse. The court will also consider if the product was accompanied by adequate instructions or warnings of potential risks, as well as if the product was dangerous beyond the normal expectations of consumers. The court may also consider if the design of the product created dangerous conditions that could not be reasonably avoided by the user, or if the product was likely to cause serious injuries or deaths. Finally, the court will consider if the benefits of the product outweigh the risk of potential harm, or if a safer alternative design was available but a costlier alternative was chosen. Ultimately, when a court determines if a product is unreasonably dangerous, they must look at all of these factors together to decide if a manufacturer was negligent in their design and manufacturing or if the product is unreasonably dangerous for its intended use.

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How does a court determine if a product is “unreasonably dangerous”?

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