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Keywords

contractplaintiffdamagesnegligenceliabilityappealverdicttestimonyproduct liability

plaintiffdamagesverdict

Related Cases

Benjamin v. Wal-Mart Stores, Inc., 185 Or.App. 444, 61 P.3d 257, Prod.Liab.Rep. (CCH) P 16,510

Facts

Charles Schoggins died from carbon monoxide poisoning while using a Coleman Focus 15 propane heater in a tent. Prior to his death, Schoggins had borrowed the heater from a contractor who had experienced symptoms in his children after using it. The heater had a warning label stating it was for outdoor use only, but the plaintiff argued that the warnings were inadequate and that the heater was defectively designed. The jury found in favor of Schoggins's estate, awarding damages for the wrongful death.

Charles Schoggins died while sleeping in a closed tent that was heated by a Coleman Focus 15 propane heater.

Issue

The main legal issues were whether the warnings provided by Coleman were adequate and whether the propane heater was defectively designed.

The adequacy of manufacturer's warning on propane heater was question for jury; fact that user of propane heater 'ignored' warnings given by heater's owner was of no moment to issue of adequacy of manufacturer's warning.

Rule

Under Oregon law, a manufacturer can be held liable for product defects if the product is sold in a defective condition that is unreasonably dangerous to the user, and the manufacturer has a duty to provide adequate warnings about the dangers associated with the product.

Under ORS 30.900, a person may bring a civil action against the manufacturer of a product for personal injury, death, or property damage arising out of a design or other defect in the product, ORS 30.900(1), or a failure to warn regarding the product, ORS 30.900(2).

Analysis

The court analyzed the evidence presented regarding the adequacy of the warnings on the propane heater and the design of the product. Expert testimony indicated that the warnings were insufficient to inform users of the serious risks associated with using the heater in enclosed spaces. The jury was tasked with determining whether the warnings were adequate and whether the design of the heater contributed to the danger.

The primary source of evidence relating to the adequacy of the warnings associated with the Focus 15 heater was plaintiff's witness Kvalseth.

Conclusion

The Court of Appeals affirmed the jury's verdict in favor of the plaintiff, concluding that there was sufficient evidence for the jury to find that the warnings were inadequate and that the heater was defectively designed.

Affirmed.

Who won?

The personal representative of Charles Schoggins prevailed in the case, as the jury found in favor of the plaintiff on both product liability and negligence claims, awarding significant damages.

The jury returned a verdict in favor of plaintiff on both claims, awarding $336,000 in economic damages and $433,000 in noneconomic damages.

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Bosley v. Andrews, 393 Pa. 161, 142 A.2d 263

Crotta v. Home Depot, Inc., 249 Conn. 634, 732 A.2d 767

Escamilla v. Shiel Sexton Co., Inc., 54 N.E.3d 1013

East River S.S. Corp. v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865, 1986 A.M.C. 2027, 54 USLW 4649, 1 UCC Rep.Serv.2d 609, Prod.Liab.Rep. (CCH) P 11,008

Atchley v. Berlen, 87 Ill.App.3d 61, 408 N.E.2d 1177, 42 Ill.Dec. 468