Limitations of Actions and Suits

ORS 12.115
Action for negligent injury to person or property


(1)

In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of.

(2)

Nothing in this section shall be construed to extend any period of limitation otherwise established by law, including but not limited to the limitations established by ORS 12.110 (Actions for certain injuries to person not arising on contract). [1967 c.406 §2]

Notes of Decisions

This statute covers products liability cases as well as those of negligence. Johnson v. Star Machinery Co., 270 Or 694, 530 P2d 53 (1974)

Where tractor driver filed products liability action against manufacturer more than ten years following manufacture and sale of tractor, action was barred by this section. Cavan v. General Motors, 280 Or 455, 571 P2d 1249 (1977)

This section, a statute of ultimate repose for negligent injuries, was not tolled by plaintiff's insanity under ORS 12.160. DeLay v. Marathon LeTourneau Sales Co., 291 Or 310, 630 P2d 836 (1981)

Subsection (1), statute of ultimate repose, applies to suit based on alleged legal malpractice. Withers v. Milbank, 67 Or App 475, 678 P2d 770 (1984); Davis v. Somers, 140 Or App 567, 915 P2d 1047 (1996), Sup Ct review denied

Plain language of this section indicates that it is not subject to ORS 12.155. Davis v. Blanchard, 84 Or App 99, 733 P2d 460 (1987)

Where alleged failure to warn or instruct regarding product occurs after time of purchase, claim for damages is subject to this section instead of ORS 30.905 limitation period for product liability claims. Erickson Air-Crane v. United Tech. Corp., 303 Or 281, 735 P2d 614 (1987), as modified by 303 Or 452, 736 P2d 1023 (1987)

Equitable estoppel is not available to avoid time limitation of this section because to hold otherwise would thwart legislature's intent to provide absolute cutoff date for bringing actions to which statute applies. Beals v. Breeden Bros., Inc., 113 Or App 566, 833 P2d 348 (1992), Sup Ct review denied

Discovery rule of federal Superfund Amendments and Reauthorization Act preempts state statute of repose with regard to state law action based on release of hazardous substances. Buggsi, Inc. v. Chevron U.S.A., Inc., 857 F Supp 1427 (D. Or. 1994)

Law Review Citations

52 OLR 91-104 (1972); 54 OLR 480 (1975)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021