Actions and Suits in Particular Cases

ORS 30.905
Time limitation for commencement of action

(1)

Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.

(2)

A product liability civil action for personal injury or property damage must be commenced before the later of:

(a)

Ten years after the date on which the product was first purchased for use or consumption; or

(b)

The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3)

Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 (Action for wrongful death) discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4)

A product liability civil action for death must be commenced before the earlier of:

(a)

Three years after the death of the decedent;

(b)

Ten years after the date on which the product was first purchased for use or consumption; or

(c)

The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5)

This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446), or of a prefabricated structure, as defined in ORS 455.010 (Definitions for ORS chapter 455). Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property). [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]
Note: Section 2, chapter 485, Oregon Laws 2009, provides:

Notes of Decisions

ORS 12.160 tolled running of statute of limitations in action brought under this section during plaintiff’s minority. Kearney v. Montgomery Ward & Co., 55 Or App 641, 639 P2d 682 (1982)

Statute of limitations for product liability claims does not violate Remedy Clause of Oregon Constitution or Equal Protection Clause of United States Constitution. Davis v. Whiting Corp., 66 Or App 541, 674 P2d 1194 (1983), Sup Ct review denied

Physician’s third-party claim for indemnity against manufacturer of medicine is not product liability civil action subject to period of ultimate repose of this section. Huff v. Shiomi, 73 Or App 609, 699 P2d 1178 (1985)

In third-party action against product manufacturer, fact that original plaintiff’s claim against one tortfeasor is time-barred does not preclude second tortfeasor who discharges obligation to plaintiff from bringing indemnity action and proving that first tortfeasor was liable to plaintiff at time plaintiff’s claim accrued. Huff v. Shiomi, 73 Or App 609, 699 P2d 1178 (1985)

This section applies only to acts, omissions or conditions existing or occurring before or at “date on which the product was first purchased for use or consumption.” Erickson Air-Crane v. United Tech. Corp., 303 Or 281, 735 P2d 614 (1987), as modified by303 Or 452, 736 P2d 1023 (1987)

“Product liability civil actions” as defined in this section means all claims for property damage arising out of a “design, inspection, testing, manufacturing or other defect in a product” and section was applicable even though plaintiffs pleaded strict liability, negligence and breach of warranty claims. Bancorp Leasing and Financial Corp. v. Agusta Aviation Corp., 813 F2d 272 (1987)

Where custom installation of component parts was necessary to produce finished product, allegation of improper installation was product defect claim. Jamison v. Spencer R.V. Center, Inc., 98 Or App 529, 779 P2d 1091 (1989)

Wrongful death products liability action is governed by two-year limitations period of Oregon Products Liability Act not three-year limitations period of wrongful death statute. Thompson v. Communications Technology, Inc. (CTI), 877 F2d 27 (9th Cir. 1989)

Retroactive application of provision creating special exception for IUD manufacturers is valid because rationally related to legitimate state interest. Shadburne-Vinton v. Dalkon Shield Claimants Trust, 60 F3d 1071 (4th Cir. 1995)

State, county and public corporation statutory and common law exemptions from statutes of limitation do not create exemption from statute of ultimate repose. Shasta View Irrigation District v. Amoco Chemicals Corp., 329 Or 151, 986 P2d 536 (1999)

For death caused by product defect, time limitation provided by this section supersedes time limitation for commencement of action under ORS 30.020 for wrongful death. Kambury v. DaimlerChrysler Corp., 334 Or 367, 50 P3d 1163 (2002)

Disability preventing person from bringing action tolls two-year personal injury statute of limitations, 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

Legislature’s retroactive application of limitation period amendments to revive actions previously dismissed by courts for lack of timeliness did not violate state constitutional provisions governing separation of powers. McFadden v. Dryvit Systems, Inc., 338 Or 528, 112 P3d 1191 (2005); Fox v. Collins, 213 Or App 451, 162 P3d 998 (2007), Sup Ct review denied

For determining whether claim asserts liability for product defect or failure, predominant characteristic of claim, as indicated by operative facts alleged, controls over caption or labeling of claim. Weston v. Camp’s Lumber & Building Supply, Inc., 205 Or App 347, 135 P3d 331 (2006)

Unlawful trade practice claim for misrepresentation of consumer goods and breach of express warranty claim to enforce specific contractual promise are not product liability claims. Weston v. Camp’s Lumber & Building Supply, Inc., 205 Or App 347, 135 P3d 331 (2006)

Where plaintiff, Oregon resident, filed product liability action regarding product manufactured out-of-state more than 10 years after product was first purchased, and state of manufacture does not have statute of repose for equivalent civil action, plaintiff’s action is not subject to Oregon’s 10-year statute of repose. Miller v. Ford Motor Co., 363 Or 105, 419 P3d 392 (2018)

This section does not violate Article I, section 21, of the Oregon Constitution, by delegating authority to foreign legislatures to create Oregon law, but instead functions as choice of law provision. Miller v. Ford Motor Co., 363 Or 105, 419 P3d 392 (2018)

Attorney General Opinions

Constitutionality of statute of ultimate repose for product liability civil action for damages resulting from asbestos-related disease, (1984) Vol. 44, p 321

Law Review Citations

19 WLR 322 (1983); 70 OLR 685 (1991); 28 WLR 565 (1992); 88 OLR 963 (2009)

Source

Last accessed
Mar. 11, 2023

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