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)

Law Review Cita­tions

58 OLR 545 (1980); 18 WLR 613, 631 (1982); 64 OLR 517 (1986); 69 OLR 147 (1990)


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­030.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­030ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.