2015 ORS 12.160¹
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]

Note: Section 2, chapter 510, Oregon Laws 2015, provides:

Sec. 2. (1) The amendments to ORS 12.160 (Suspension for minors and persons who have disabling mental condition) by section 1 of this 2015 Act apply to all causes of action arising on or after January 1, 2008.

(2) If the amendments to ORS 12.160 (Suspension for minors and persons who have disabling mental condition) by section 1 of this 2015 Act operate to revive a claim that was barred under ORS 12.160 (Suspension for minors and persons who have disabling mental condition) immediately before the effective date of this 2015 Act [June 22, 2015], the person asserting the claim must commence the cause of action within the time prescribed for commencing the action under ORS 12.160 (Suspension for minors and persons who have disabling mental condition), as amended by section 1 of this 2015 Act, or within one year after the effective date of this 2015 Act, whichever is later. [2015 c.510 §2]

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 (Action for negligent injury to person or property) (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 (Time limitation for commencement of action)) 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 (Effect of felony conviction on civil and political rights of felon), 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 (Notice of claim) (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 (Time limitation for commencement of action), 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 (Actions for certain injuries to person not arising on contract) (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 (Notice of claim) 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 (Time of commencing actions) and thus is not governed by pro­vi­sions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


1 Legislative Counsel Committee, CHAPTER 12—Limitations of Actions and Suits, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 12, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano012.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.