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]

Source: Section 12.115 — Action for negligent injury to person or property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

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)

This section does not apply to actions for recovery of purely economic loss that do not involve injury to person or property. Marshall v. PricewaterhouseCoopers, LLP, 316 Or App 416, 505 P3d 40 (2021)

Law Review Citations

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

12.010
Time of commencing actions 12.020
When action deemed begun 12.040
Limitations of suits generally 12.050
Action to recover real property 12.060
Suit or action on land contracts 12.070
Action on judgment, decree or sealed instrument 12.080
Action on certain contracts or liabilities 12.085
Action against garnishee 12.090
Accounts 12.100
Action on official act or penalty 12.110
Actions for certain injuries to person not arising on contract 12.115
Action for negligent injury to person or property 12.117
Actions based on child abuse 12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult 12.120
Action on escape 12.125
Action arising under rental agreement 12.130
Action for penalty 12.132
Action arising out of real estate appraisal activity or appraisal review 12.135
Action for damages from construction, alteration or repair of improvement to real property 12.137
Action for loss of or damage to property arising from nuclear incident 12.140
Actions not otherwise provided for 12.150
Suspension of running of statute by absence or concealment 12.155
Effect of notice of advance payment on running of period of limitation 12.160
Suspension for minors and persons who have disabling mental condition 12.170
Disability must exist when right of action accrues 12.180
Coexisting disabilities must all be removed 12.190
Effect of death on limitations 12.195
Effect of attorney death on limitations 12.200
Suspension by war as to alien 12.210
Suspension by injunction or prohibition of statute 12.220
Commencement of new action after involuntary dismissal 12.230
Acknowledgment or promise taking contract case out of statute 12.240
Effect of payment after obligation becomes due 12.250
Actions by state, county or public corporations 12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date 12.272
Action based on pesticide application 12.274
Action against trustee of express trust 12.276
Action for death, injury or damage resulting from breast implants 12.278
Action against manufacturer of certain pickup trucks 12.280
Action based on practice of land surveying 12.282
Action against manufacturer of extendable equipment 12.410
Definitions for ORS 12.410 to 12.480 12.420
Purpose 12.430
Claims based on law of other states 12.440
Application of statutes and rules governing conflict of laws 12.450
When limitation period of another state not applicable 12.460
Claims to which statutes apply 12.470
Severability 12.480
Short title
Green check means up to date. Up to date

Current through early 2024

§ 12.115’s source at oregon​.gov