KW Economics prepares household services analysis for product liability cases venued in Oregon: what the loss claim consists of, the records that drive it, and a present value built to Oregon damages rules and venues. Plaintiff and defense.
Product liability claims often involve children, homemakers, and retirees whose economic loss is concentrated in household work rather than wages, so the household services valuation is frequently the largest component. The economist draws the pre-injury hours from the household's account and time-use data for a person of the same circumstances, apportions the loss by category using the medical restrictions in the record, prices each category at the local replacement wage, and projects the loss over the period of limitation or the person's expected life. In a mass tort setting the same documented method is applied to each claimant's own household so results are consistent in method and individual in result.
Replacement-cost valuation of the household production an injured or deceased person can no longer provide: meal preparation, cleaning, home and vehicle maintenance, shopping, child care, and care of other household members. The hours are drawn from national time-use data adjusted to the person's household composition and pre-injury role, and each category is priced at the local wage for the occupation that would replace it, then projected and discounted over the period of loss.
The exposure tracks the injury: burns, amputations, and neurological injuries produce large future earnings and care losses; less severe injuries produce a bounded past loss and limited future treatment. Because product cases often involve children, homemakers, and retirees, the household services and care components frequently outweigh the earnings loss, and the analysis must be built from those components rather than from wage records that do not exist. For fatal injuries the exposure follows the wrongful death structure with the personal consumption deduction as the key assumption.
Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record.
Highest court: Oregon Supreme Court. Court system: courts.oregon.gov.
Federal venues: District of Oregon.
Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Oregon Workers' Compensation Division.
Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing household services opinions.
Product liability claims often involve children, homemakers, and retirees whose economic loss is concentrated in household work rather than wages, so the household services valuation is frequently the largest component. The economist draws the pre-injury hours from the household's account and time-use data for a person of the same circumstances, apportions the loss by category using the medical restrictions in the record, prices each category at the local replacement wage, and projects the loss over the period of limitation or the person's expected life. In a mass tort setting the same documented method is applied to each claimant's own household so results are consistent in method and individual in result.
Oregon courts apply a multi-factor reliability inquiry of their own to expert testimony, asking whether the method is accepted in the profession, whether it has been tested and reviewed, and whether the economist applied it to the facts of the case, with qualification resting on training and experience. A damages report meets that inquiry by showing the published basis for each assumption and its fit with the record. Product Liability cases venued in Oregon are heard in the Circuit Court (General jurisdiction; 27 judicial districts; civil, criminal, family, and probate matters), with final appeals to the Oregon Supreme Court. Matters within federal jurisdiction proceed in the District of Oregon.
Oregon's wrongful death statute gathers the estate's and the beneficiaries' claims into one action brought by the personal representative: the decedent's pre-death losses and suffering, medical and funeral expenses, the beneficiaries' pecuniary loss, and their loss of society and companionship. Recovery is barred once the plaintiff's fault exceeds the combined fault of the defendants, the court may reduce an award after verdict by collateral-source payments other than insurance the plaintiff purchased, federal benefits, and sources with a reimbursement right, and prejudgment interest is generally not available on unliquidated injury damages. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the Oregon rules to a documented figure.
Request a consultation on Household Services or call (201) 343-0700. Plaintiff and defense counsel.