ORS 15.435
Product liability civil actions


(1)

Notwithstanding ORS 15.440 (General rules) and 15.445 (General and residual approach), Oregon law applies to product liability civil actions, as defined in ORS 30.900 (“Product liability civil action” defined), if:

(a)

The injured person was domiciled in Oregon and the injury occurred in Oregon; or

(b)

The injured person was domiciled in Oregon or the injury occurred in Oregon, and the product:

(A)

Was manufactured or produced in Oregon; or

(B)

Was delivered when new for use or consumption in Oregon.

(2)

Subsection (1) of this section does not apply to a product liability civil action if a defendant demonstrates that the use in Oregon of the product that caused the injury could not have been foreseen and that none of the defendant’s products of the same type were available in Oregon in the ordinary course of trade at the time of the injury.

(3)

If a party demonstrates that the application of the law of a state other than Oregon to a disputed issue is substantially more appropriate under the principles of ORS 15.445 (General and residual approach), that issue shall be governed by the law of the other state.

(4)

All noncontractual claims or issues in product liability civil actions not provided for or not disposed of under this section are governed by the law of the state determined under ORS 15.445 (General and residual approach). [Formerly 31.872]

(formerly 31.872)

Law Review Citations

88 OLR 963 (2009)

§§ 15.400 to 15.460

(formerly 31.850 to 31.890)

Law Review Citations

88 OLR 963 (2009)


Source
Last accessed
May. 15, 2020