Limitations of Actions and Suits

ORS 12.160
Suspension for minors and persons who have disabling mental condition


(1)

Subject to subsection (2) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 (Time of commencing actions) to 12.050 (Action to recover real property), 12.070 (Action on judgment, decree or sealed instrument) to 12.250 (Actions by state, county or public corporations) or 12.276 (Action for death, injury or damage resulting from breast implants), and at the time the cause of action accrues the person is a child who is younger than 18 years of age, the statute of limitation for commencing the action is tolled for so long as the person is younger than 18 years of age.

(2)

The time for commencing an action may not be extended under subsection (1) of this section for more than five years, or for more than one year after the person attains 18 years of age, whichever occurs first.

(3)

Subject to subsection (4) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 (Time of commencing actions) to 12.050 (Action to recover real property), 12.070 (Action on judgment, decree or sealed instrument) to 12.250 (Actions by state, county or public corporations) or 12.276 (Action for death, injury or damage resulting from breast implants), and at the time the cause of action accrues the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, the statute of limitation for commencing the action is tolled for so long as the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know.

(4)

The time for commencing an action may not be extended under subsection (3) of this section for more than five years, or for more than one year after the person no longer has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, whichever occurs first.

(5)

If a child’s cause of action is tolled under subsection (1) of this section, a cause of action for recovery of damages for medical expenses incurred by a parent, guardian or conservator of the child is tolled for the same period of time as the child’s cause of action if the medical expenses resulted from the same wrongful conduct that is the basis of the child’s cause of action. [Amended by 1973 c.827 §4; 1979 c.246 §1; 1983 c.762 §9; 1997 c.339 §1; 2007 c.285 §1; 2015 c.510 §1]

Notes of Decisions

This section is valid under both the Equal Protection Clause of the United States Constitution and under Ore. Const., Art. I, §20. Shaw v. Zabel, 267 Or 557, 517 P2d 1187 (1974)

Existence of guardianship or conservatorship over an estate does not, in itself, toll statute of limitations applicable to causes of action of protected persons. Guyot v. Multnomah County, 51 Or App 373, 625 P2d 1344 (1981)

ORS 12.115 (1), a statute of ultimate repose for negligent injuries, was not tolled by plaintiff's insanity under this section. DeLay v. Marathon LeTourneau Sales Co., 291 Or 310, 630 P2d 836 (1981)

This section applies to toll statute of limitations during plaintiff's minority where claim is against public body or public employe. Bradford v. Davis, 290 Or 855, 626 P2d 1376 (1981)

This section tolled running of statute of limitations in product liability action (ORS 30.905) during plaintiff's minority. Kearney v. Montgomery Ward & Co., 55 Or App 641, 639 P2d 682 (1982)

Statute of limitations for actions in tort for personal injuries begins to run when plaintiff knows he has been injured even though he does not then know the full extent of the injuries, so action commenced more that seven years after occurrence of original injury was not timely. Guiley v. Hammaker, 55 Or App 921, 640 P2d 664 (1982), Sup Ct review denied

Plaintiff's disability because of imprisonment ceased when he was paroled and his reincarceration 47 days later did not resume tolling of statute. Boag v. Chief of Police, City of Portland, 669 F2d 587 (1982)

Section tolling statute of limitations for prisoners was not repealed by implication by enactment of ORS 137.275, eliminating "civil death or disability" for person convicted of felony. Harris v. Craig, 299 Or 12, 697 P2d 189 (1985)

Where minor child, allegedly injured by negligence of public body, had not yet filed negligence claim but sought declaratory relief to determine whether potential tort claim was time-barred under ORS 30.275 (8) or whether minor's disability pursuant to this section suspended Statute of Limitations, complaint seeking declaratory relief did not present justiciable controversy. Lawson v. Coos Co. Sch. Dist. No. 13, 81 Or App 358, 724 P2d 943 (1986)

Five-year extension to limitations period granted to minors under this section is not lost if conservator is appointed for minor or if conservator commences personal injury action on behalf of minor. Luchini v. Harsany, 98 Or App 217, 779 P2d 1053 (1989), Sup Ct review denied

Mental retardation does not, per se, fall outside scope of "insane" as used in this section; but for retardation to toll statute in particular case it must be shown that retardation actually barred sufferer from comprehending rights that person is otherwise bound to know. Roberts v. Drew, 105 Or App 251, 804 P2d 503 (1991)

Disability preventing person from bringing action for defective product tolls two-year personal injury statute of limitations under ORS 30.905, but does not toll eight-year statute of ultimate repose. Simonsen v. Ford Motor Co., 196 Or App 460, 102 P3d 710 (2004), Sup Ct review denied

Where infant plaintiff's cause of action is to recover damages for an injury resulting from intestinal surgery on plaintiff, plaintiff's cause of action is one "mentioned" in ORS 12.110 (4), and the time limitation in the 2005 version of this section applies to plaintiff's action even though it is one brought against a public body and ORS 30.275 would otherwise apply. Smith v. OHSU Hospital and Clinic, 272 Or App 473, 356 P3d 142 (2015)

Law Review Citations

26 WLR 281 (1990); 50 WLR 195 (2014)

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