2007 ORS § 30.915¹

Defenses

It shall be a defense to a product liability civil action that an alteration or modification of a product occurred under the following circumstances:

(1) The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;

(2) The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and

(3) If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 §4]

Notes of Decisions

Prima facie case for product liability is established if: 1) dangerous defect is shown to have existed at time of manufacture, regardless of later modification; or 2) dangerous defect is not shown to have existed at time of manufacture and it is shown that modification probably was not essential to cause of injury. Ensley v. Strato-Lift, Inc., 134 F. Supp. 2d 1191 (D. Or. 2001)

2007 ORS § 30.915¹ Defenses

2007 ORS § 30.915¹

Defenses