2007 ORS 30.907¹
Action for damages from asbestos-related disease
  • limitations

(1) A product liability civil action for damages resulting from asbestos-related disease shall 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 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.

(3) Subsection (2) 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]

Note: Section 2, chapter 740, Oregon Laws 2005, provides:

Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 30.907 (Action for damages from asbestos-related disease) by section 1 of this 2005 Act apply to all causes of action for damages resulting from asbestos-related disease, whether the cause of action arises before, on or after the effective date of this 2005 Act [January 1, 2006].

(2) The amendments to ORS 30.907 (Action for damages from asbestos-related disease) by section 1 of this 2005 Act do not apply to any civil action commenced as described in ORS 12.020 (When action deemed begun) before the effective date of this 2005 Act. [2005 c.740 §2]

Notes of Decisions

Where defendant acted in dual capacity of manufacturer and installer of asbestos products, ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property) limita­tion on ac­tions applicable to construc­tion, altera­tion and repair of real prop­erty was superseded by limita­tion on asbestos product liability.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)

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.