Limitations of Actions and Suits

ORS 12.272
Action based on pesticide application


(1)

Notwithstanding any other provision of this chapter, no action against a landowner, person for whom the pesticide was applied or pesticide operator arising out of the use or application of any pesticide shall be commenced unless the person commencing the action, within the time specified by ORS 634.172 (Procedure for making liability claim against landowner or pesticide operator), files the report required by ORS 634.172 (Procedure for making liability claim against landowner or pesticide operator) and mails or personally delivers true copies of that report to:

(a)

The landowner or pesticide operator who is allegedly responsible for the loss; and

(b)

The person for whom the pesticide was applied if that person is not the person commencing the action.

(2)

For the purposes of this section:

(a)

“Landowner” includes any person, firm, corporation, the state, any county within the state, or municipality, shown by records of the county to be the owner of land or having such land under contract for purchase.

(b)

“Pesticide operator” has the meaning given in ORS 634.006 (Definitions). [1991 c.351 §3; 1995 c.96 §1]
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