Actions and Suits in Particular Cases

ORS 30.907
Action for damages from asbestos-related disease

  • limitations


(1)

A product liability civil action for damages resulting from asbestos-related disease must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the disease and the cause thereof.

(2)

A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 (Time limitation for commencement of action) or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

(3)

A product liability civil action may not be brought against a contractor, as defined in ORS 701.005 (Definitions), for damages resulting from asbestos-related disease if the contractor:

(a)

Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;

(b)

Is not the manufacturer or distributor of the products containing asbestos; and

(c)

Did not furnish the products containing asbestos independent of the provision of labor.

(4)

Subsection (3) of this section does not affect a plaintiff’s ability to bring a product liability civil action against a contractor if:

(a)

The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and

(b)

The owner or the owner’s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 §3; 2005 c.740 §1; 2009 c.485 §7]

Notes of Decisions

Where defendant acted in dual capacity of manufacturer and installer of asbestos products, ORS 12.135 limitation on actions applicable to construction, alteration and repair of real property was superseded by limitation on asbestos product liability. Purcell v. Asbestos Corp., Ltd., 153 Or App 415, 959 P2d 89 (1998), modified 155 Or App 1, 963 P2d 729 (1998), Sup Ct review denied

Plaintiff is not required to be aware of defendant's tortious conduct in order for running of statute of limitations to commence. Keller v. Armstrong World Industries, Inc., 197 Or App 450, 107 P3d 29 (2005), modified 200 Or App 406, 115 P3d 247 (2005), aff'd 342 Or 23, 147 P3d 1154 (2006)

"Discovered" means plaintiff had high degree of certainty about facts necessary to support claim elements of disease existence and causation. Keller v. Armstrong World Industries, Inc., 197 Or App 450, 107 P3d 29 (2005), modified 200 Or App 406, 115 P3d 247 (2005), aff'd 342 Or 23, 147 P3d 1154 (2006)

§§ 30.900 to 30.925

Law Review Citations

58 OLR 545 (1980); 18 WLR 613, 631 (1982); 64 OLR 517 (1986); 69 OLR 147 (1990)


Source

Last accessed
Jun. 26, 2021