2007 ORS 30.905¹
Time limitation for commencement of action

(1) Except as provided in ORS 30.907 (Action for damages from asbestos-related disease) and 30.908 (Action arising out of injury from breast implants) (1) to (4), a product liability civil action may not be brought for any death, personal injury or property damage that is caused by a product and that occurs more than eight years after the date on which the product was first purchased for use or consumption.

(2) Except as provided in ORS 30.907 (Action for damages from asbestos-related disease) and 30.908 (Action arising out of injury from breast implants) (1) to (4), a product liability civil action for personal injury or property damage must be commenced not later than the earlier of:

(a) Two years after the date on which 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; or

(b) Ten years after the date on which the product was first purchased for use or consumption.

(3) Except as provided in ORS 30.907 (Action for damages from asbestos-related disease) and 30.908 (Action arising out of injury from breast implants) (1) to (4), a product liability civil action for death must be commenced not later than the earlier of:

(a) The limitation provided by ORS 30.020 (Action for wrongful death); or

(b) Ten years after the date on which the product was first purchased for use or consumption. [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1]

Notes of Decisions

ORS 12.160 (Suspension for minors and persons who are insane) 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 (Action for wrongful death) 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)

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)

Atty. Gen. 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)

Law Review Cita­tions

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


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­030.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­030ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.