Home Practice Areas Product Liability

Practice Areas | Product Liability

Our firm defends product manufacturers and other companies in the distribution chain in lawsuits alleging that a defective product caused injury. We have the ability and experience to handle cases in Oregon, Washington and Alaska. Nearly 30 years ago, members of the firm successfully defended a major automobile manufacturer in the first fuel-fed fire case it took to trial anywhere in the country.

The firm obtained the dismissal of a fire case after successfully arguing that plaintiffs should be barred from pursuing their principal theory of liability due to spoliation of evidence. In addition to legal services related to pending litigation, we provide advice to companies on such issues as product liability prevention, warnings, and product recalls.

Two of our senior partners, Jonathan M. Hoffman and John W. Knottnerus, are active members of the Product Liability Advisory Council. This national association of manufacturers and counsel who defend them was formed to identify appellate cases of precedential significance in product liability law and to submit amicus briefs in these cases. Work for PLAC has also included input on the recently-adopted Restatement (Third) Product Liability, as well as proposed changes to the Federal Rules of Civil Procedure and the Federal Rules of Evidence. Many of our attorneys are active members of the Oregon Association of Defense Counsel, the Defense Research Institute, and the American Bar Association's Tort and Insurance Practice section.

We also regularly represent manufacturers of automobiles, aircraft and aircraft engines, tools, household appliances, industrial machines and equipment, sports equipment, ATVs, tires, medical devices, component suppliers, and more. Our list of clients includes Toyota, Nissan, Mitsubishi, Black & Decker, Coleman Company, Sunbeam Products, Inc., General Motors, Bell Helicopter Textron, Allison Engine Company, Subaru, Baxter Healthcare Corporation, Zimmer, Inc., Warn Industries, TRW, Rockwell International, Continental Tires, Suzuki, Siemens, General Electric, Liggett Group, PACCAR, Yamaha Motor Corporation, U.S.A.; Honda North America, Inc., and Bombardier Recreational Products, Inc. and Volvo.

• The firm served as local counsel for a breast implant manufacturer in more than 90 breast implant cases filed in Oregon state and federal courts. These proceedings led to the landmark ruling for the manufacturers of breast implants, holding the expert testimony of plaintiffs' experts inadmissible.
• A motorcyclist wearing an illegal helmet suffered permanent brain injuries when the rear tire on his Harley Davidson suffered a blowout at highway speeds. The firm tried the case to a defense verdict.
• An insurance company sued the manufacturer of the ballast of a fluorescent tube, alleging it caused a house fire. After depositions of the parties' experts, we were able to get the case dismissed without any payment.
• A belted rear seat automobile passenger was injured in a high-speed head-on collision. The seat belt webbing separated in the impact. The firm obtained summary judgment for the manufacturer after establishing that plaintiff's expert was unqualified to express opinions on either seat belt design or biomechanics.
• The pilot of a helicopter was fatally injured while engaged in helicopter logging operations. His estate claimed the crash was due to improper overhaul instructions in the manufacturer's maintenance manual. The firm tried the case to a defense verdict.