Griffith v. Blatt’s Empirical Analysis

Citation profile

2 district · 6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"As used in ORS 30.900 to 30.920, `product liability civil action' means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of: "(1) Any design, inspection, testing, manufacturing or other defect in a product; "(2) Any failure to warn regarding a product; or "(3) Any failure to properly instruct in the use of a product."”

   2 later decisions quote this exact passage
   e.g. Larkin v. Pfizer, Inc. · 226 Or. App. 329 - Mason v. Mt. St. Joseph, Inc.

2. “"(1) One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if: "(a) The seller or lessor is engaged in the business of selling or leasing such a product; and "(b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased. "(2) The rule stated in subsection (1) of this section shall apply, even though: "(a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and "(b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor. "(3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor. "(4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72."”

   1 later decision quote this exact passage
   e.g. 226 Or. App. 329 - Mason v. Mt. St. Joseph, Inc.

3. “is subject to statutory policies on the time to commence that action (ORS 30.905, ORS 30.907, and ORS 30.908), an applicable evidentiary presumption (ORS 30.910), defenses to the claim (ORS 30.915), and recoverable punitive damages (ORS 30.925 and ORS 30.927). ORS 30.920, which sets out the elements of a strict product liability claim, provides:”

   1 later decision quote this exact passage
   e.g. 226 Or. App. 329 - Mason v. Mt. St. Joseph, Inc.