Re: Product Liability Law Debated in Oregon

[Guest guest]

Rogene: Does this mean currently you have 8 years or more years to sue for injury from a defectively manufactured product? I know all states are different, though. This might be a way to overcome the two years' statute of limitation, which some of us have exceeded. It should be pretty easy to prove the faulty valve problem (if we could get lawyers to help us). KateRogene S <saxony01@...> wrote: http://biz./ap/070619/or_product_liability.html?.v=1 APProduct Liability Law Debated in Ore.Tuesday June 19, 6:54 pm ET By Silverman, Associated Press Writer Ore. Lawyers, Business Groups Go to Task Over Product Liability Laws SALEM, Ore. (AP) -- Business advocates and trial lawyers could be headed for a showdown over Oregon's product liability laws before the legislative session comes to its scheduled end next week. The fight is over the ban Oregon places on the right to sue a manufacturer if you're harmed by a defectively designed product that's more

than eight years old. Lawyers say that's one of the shortest windows in the nation, second only to North Carolina's six year limit. ADVERTISEMENT They're pushing to put Oregon in line with neighboring California, Washington and Idaho and allow residents to sue the manufacturer for damages within "the useful life of the product," a decision that's made on a case-by-case basis. They say that would bring justice to Oregonians like the five teachers from the Lake Oswego school district, whose eyes were badly burned by radiation leaked from a broken metal halide light hanging in an elementary school gymnasium. The teachers -- most of whom still

can't venture outside without sunglasses, and must deal with constant burning and itchiness in their eyes -- have been unable to sue the New Jersey-based manufacturer of the bulbs, because of the Oregon law's eight-year window. Confronted with such stories in the past, lawmakers have tended to carve out exemptions to the eight year rule: for families hurt by exploding sidesaddle gas tanks, breast implants and asbestos exposure. Just this session, lawmakers extended the statute of limitations for civil claims for injury or death linked to the use of some painkillers, including Vioxx, which has been linked to the increased risk of heart attack or stroke. Lawyers say such cases are relatively rare, but that the mounting list of exemptions has made the case for a wholesale overhaul of the statute. Business groups, though, are arguing vociferously against any such thing, saying it could drive up insurance costs, particularly for manufacturers,

encourage frivolous lawsuits and scare away new businesses. And they point out that manufacturers can't be responsible for how a product is treated or maintained after it has been sold. "Asking manufacturers to be responsible for acts of others which we have no control over is poor public policy," said Werth, controller of Gunderson, LLC, the Portland-based railcar manufacturer, at a recent hearing in front of a House committee. But trial lawyer Lane told lawmakers at the same hearing that in order to sue, plaintiffs would have to show that defects were present at the time of initial sale, and that there had been no alteration or misuse of the product. Though Republicans have traditionally been more aligned with business interests, and Democrats tend to be more sympathetic to pleas from the legal community, the proposed bill has its advocates and opponents from both parties. Some Democrats, like Rep. Mike Schaufler, D-Happy

Valley, have already made it clear that they'll be siding with industry on this one. And some Republicans, like Rep. Dennis of Central Point, have come down on the side of the lawyers. "Individual families have lost their rights because of an arbitrary date," said , who is also a lawyer. "When people are seriously injured by defectively designed products, those responsible for the design should pay. Otherwise, it shifts responsibility to the taxpayers, which is unfair and irresponsible." Odds for passage this session look dicey, since lawmakers have plans to exit no later than June 29, and the bill hasn't yet had a hearing on the floor of either chamber. But it could wind up as a last-minute bargaining chip, party insiders said. "At the end of every session, there are always a number of important bills that are passed, and they wait because they are hard to pass," said Rep. Greg MacPherson, D-Lake Oswego, a lawyer who

heads the House Judiciary committee. "My guess is that this bill will still move."

Get your own web address. Have a HUGE year through Small Business.

[Guest guest]

The same message is coming through several times...all I see is Rogene over and over again!

Wonders me...love you.........Lea

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Product Liability Law Debated in Oregon

http://biz./ap/070619/or_product_liability.html?.v=1

APProduct Liability Law Debated in Ore.Tuesday June 19, 6:54 pm ET By Silverman, Associated Press Writer

Ore. Lawyers, Business Groups Go to Task Over Product Liability Laws

SALEM, Ore. (AP) -- Business advocates and trial lawyers could be headed for a showdown over Oregon's product liability laws before the legislative session comes to its scheduled end next week. The fight is over the ban Oregon places on the right to sue a manufacturer if you're harmed by a defectively designed product that's more than eight years old. Lawyers say that's one of the shortest windows in the nation, second only to North Carolina's six year limit.

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They're pushing to put Oregon in line with neighboring California, Washington and Idaho and allow residents to sue the manufacturer for damages within "the useful life of the product," a decision that's made on a case-by-case basis. They say that would bring justice to Oregonians like the five teachers from the Lake Oswego school district, whose eyes were badly burned by radiation leaked from a broken metal halide light hanging in an elementary school gymnasium. The teachers -- most of whom still can't venture outside without sunglasses, and must deal with constant burning and itchiness in their eyes -- have been unable to sue the New Jersey-based manufacturer of the bulbs, because of the Oregon law's eight-year window. Confronted with such stories in the past, lawmakers have tended to carve out exemptions to the eight year rule: for families hurt by exploding sidesaddle gas tanks, breast implants and asbestos exposure. Just this session, lawmakers extended the statute of limitations for civil claims for injury or death linked to the use of some painkillers, including Vioxx, which has been linked to the increased risk of heart attack or stroke. Lawyers say such cases are relatively rare, but that the mounting list of exemptions has made the case for a wholesale overhaul of the statute. Business groups, though, are arguing vociferously against any such thing, saying it could drive up insurance costs, particularly for manufacturers, encourage frivolous lawsuits and scare away new businesses. And they point out that manufacturers can't be responsible for how a product is treated or maintained after it has been sold. "Asking manufacturers to be responsible for acts of others which we have no control over is poor public policy," said Werth, controller of Gunderson, LLC, the Portland-based railcar manufacturer, at a recent hearing in front of a House committee. But trial lawyer Lane told lawmakers at the same hearing that in order to sue, plaintiffs would have to show that defects were present at the time of initial sale, and that there had been no alteration or misuse of the product. Though Republicans have traditionally been more aligned with business interests, and Democrats tend to be more sympathetic to pleas from the legal community, the proposed bill has its advocates and opponents from both parties. Some Democrats, like Rep. Mike Schaufler, D-Happy Valley, have already made it clear that they'll be siding with industry on this one. And some Republicans, like Rep. Dennis of Central Point, have come down on the side of the lawyers. "Individual families have lost their rights because of an arbitrary date," said , who is also a lawyer. "When people are seriously injured by defectively designed products, those responsible for the design should pay. Otherwise, it shifts responsibility to the taxpayers, which is unfair and irresponsible." Odds for passage this session look dicey, since lawmakers have plans to exit no later than June 29, and the bill hasn't yet had a hearing on the floor of either chamber. But it could wind up as a last-minute bargaining chip, party insiders said. "At the end of every session, there are always a number of important bills that are passed, and they wait because they are hard to pass," said Rep. Greg MacPherson, D-Lake Oswego, a lawyer who heads the House Judiciary committee. "My guess is that this bill will still move."

[Guest guest]

Kate, You'd have to ask an attorney . . . I thought the time started tolling when knowledge of the problem surfaced. They have manipulated the laws to the point they don't make sense - from a humane perspective anyway. Rogene

[Guest guest]

Lea ~

God Bless YOU, You are in my prayers, Get better, we need you.......Love DedeSee what's free at AOL.com.

[Guest guest]

Lea, I have no idea what's going on with the messages! My own messages to the group don't come back to me, so I don't see them. Maybe I pissed somebody off - I hope so! . . . Maybe they'll get so pissed they'll stroke out and become a vegetable for the rest of their lives. . . Then their doctor can tell them (correctly) it's all in their heads! Ouch . . . I am negative today! Rogene

[Guest guest]

We all hope that you have insulted some big CEO...good work.

The H-Pylori has struck again, and it has stopped me from doing many things...like eating. Oh well, we have to take the bad with the good.

Love you.......Lea

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Re: Product Liability Law Debated in Oregon

Lea,

I have no idea what's going on with the messages!

My own messages to the group don't come back to me, so I don't see them.

Maybe I pissed somebody off - I hope so! . . . Maybe they'll get so pissed they'll stroke out and become a vegetable for the rest of their lives. . . Then their doctor can tell them (correctly) it's all in their heads!

Ouch . . . I am negative today!

Rogene

[Guest guest]

Rogene ~

You are so creative, why dont you make yourself a " God Basket ", and write down all that bothers and is negative, and put it in that basket for him. Mine is by my front door, and is very happy there......LOL holding 2 years of un-opened medical bills and collection notices and letters from collecting attorneys.......and the stress is not on my back anymore. If I can ever do anything about them, I will otherwise, God is handeling them for me. Love you ~ DedeSee what's free at AOL.com.

[Guest guest]

Oh Lea, That stuff just keeps dogging you! . . . When will your doctors see that your implants must come out so this viscious cycle can stop? Love, RogeneLea <devans@...> wrote: We all hope that you have insulted some big CEO...good work. The H-Pylori has struck again,

and it has stopped me from doing many things...like eating. Oh well, we have to take the bad with the good. Love you.......Lea ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~``````` Re: Product Liability Law Debated in Oregon Lea, I have no idea what's going on with the messages! My own messages to the group don't come back to me, so I don't see them. Maybe I pissed somebody off - I hope so! . . . Maybe they'll get so pissed they'll stroke out and become a vegetable for the rest of their lives. . . Then their doctor can tell them (correctly) it's all in their heads! Ouch . . . I am negative today! Rogene