Does a plaintiff need to prove negligence in a product liability claim?

In Oregon, the answer to whether a plaintiff needs to prove negligence in a product liability claim is generally yes. Product liability law is a form of tort law that holds manufacturers responsible for any injuries or damages resulting from the use of a defective product. Negligence is a requirement for a successful product liability claim. In order to prove negligence, the plaintiff must demonstrate that the defendant had a duty of care to the plaintiff, that this duty of care was breached, and that the breach of duty caused damage to the plaintiff. To demonstrate a breach of duty, the plaintiff must show that an unreasonable risk of harm existed due to a manufacturing defect, an inadequate warning about the product, or an improper design. In Oregon, the burden of proof for product liability claims rests with the plaintiff. This means that the plaintiff must provide evidence to support each of these elements and convince the court that the defendant was negligent in their actions. If the plaintiff is successful in proving negligence, then they may be entitled to monetary compensation for their damages.

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Does a plaintiff need to prove negligence in a product liability claim?

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