OR Bar Torts and Negligence 3 — Questions and Answers
Question 1: In Oregon, products liability claims can be brought under which legal theories?
- Strict liability only
- Negligence only
- Strict liability, negligence, and breach of warranty (Correct answer)
- Only breach of express warranty
Correct answer: Strict liability, negligence, and breach of warranty
Oregon recognizes three theories for products liability: strict liability under ORS 30.900, negligence, and breach of warranty under the UCC.
Question 2: Under Oregon's strict products liability statute (ORS 30.900), a product seller is liable when the product is sold in a 'defective condition unreasonably dangerous.' Which type of defect involves a flaw in the design itself that makes all units of the product dangerous?
- Manufacturing defect
- Design defect (Correct answer)
- Warning defect
- Warranty defect
Correct answer: Design defect
A design defect exists when the entire product line is rendered unreasonably dangerous because of an unsafe design, as opposed to a flaw in a single unit.
Question 3: An Oregon employer is sued for the torts of an employee committed while making a personal detour on a work errand. Under respondeat superior, is the employer liable?
- Yes, because the employee was on a work errand when the detour began
- No, because a personal detour is a frolic that takes the employee outside the scope of employment (Correct answer)
- Yes, because employers are always vicariously liable for employee acts
- No, because respondeat superior only applies to intentional torts
Correct answer: No, because a personal detour is a frolic that takes the employee outside the scope of employment
Under the frolic vs. detour distinction, a substantial personal deviation (frolic) takes the employee outside the scope of employment, relieving the employer of liability.
Question 4: Oregon's wrongful death statute (ORS 30.020) allows recovery for which of the following damages?
- Pain and suffering of the decedent after the fatal injury only
- Economic losses, loss of society and companionship, and other pecuniary losses to survivors (Correct answer)
- Punitive damages only
- No damages — Oregon prohibits wrongful death actions
Correct answer: Economic losses, loss of society and companionship, and other pecuniary losses to survivors
Oregon's wrongful death statute permits recovery for economic losses, loss of society and companionship to the estate and surviving family members, among other damages.
Question 5: Under Oregon law, which of the following is a valid defense to a strict liability products claim?
- Contributory negligence of the plaintiff
- Assumption of the risk by knowingly using a defective product (Correct answer)
- The product complied with industry standards at the time of manufacture
- The defendant did not manufacture the product
Correct answer: Assumption of the risk by knowingly using a defective product
Assumption of the risk — where the plaintiff knowingly and voluntarily uses a product they know to be defective — is a complete or partial defense to strict products liability in Oregon.
Question 6: A construction company negligently allows a water pipe to burst, flooding a neighboring business which is forced to close temporarily. The business owner sues for lost profits. The court will most likely:
- Allow full recovery for lost profits as foreseeable economic harm
- Deny recovery under the economic loss rule if there was no physical damage to the plaintiff's property (Correct answer)
- Deny recovery because lost profits are too speculative
- Allow recovery only up to the value of the pipe
Correct answer: Deny recovery under the economic loss rule if there was no physical damage to the plaintiff's property
The economic loss rule generally bars recovery in negligence for purely economic losses unaccompanied by physical injury or property damage in Oregon.
Question 7: In Oregon, the statute of limitations for most personal injury negligence claims is:
- 1 year from the date of injury
- 2 years from the date of injury or discovery (Correct answer)
- 3 years from the date of injury or discovery
- 6 years from the date of injury
Correct answer: 2 years from the date of injury or discovery
ORS 12.110(1) provides a two-year statute of limitations for personal injury actions, running from the date of injury or when the plaintiff discovered or should have discovered the injury.
OR Bar Torts and Negligence 3
In Oregon, products liability claims can be brought under which legal theories?