Limitations of Actions and Suits

ORS 12.137
Action for loss of or damage to property arising from nuclear incident


(1)

An action, arising from a nuclear incident that involves the release of radioactive material, excluding releases from acts of war, that causes loss of or damage to property, or loss of use of property shall be commenced:

(a)

Within two years from the time an injured person discovers or reasonably could have discovered the injury to property and the causal connection between the injury and the nuclear incident; or

(b)

Within two years from any substantial change in the degree of injury to the property arising out of a nuclear incident.

(2)

As used in this section, “nuclear incident” has the meaning given that term in 42 U.S.C. 2014(q).

(3)

In no event shall any action under subsection (1) of this section or ORS 12.110 (Actions for certain injuries to person not arising on contract) (5) be commenced more than 30 years from the date of the nuclear incident. [1987 c.705 §§1,2]
Note: 12.137 (Action for loss of or damage to property arising from nuclear incident) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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