2015 ORS 30.900¹
"Product liability civil action" defined

As used in ORS 30.900 ("Product liability civil action" defined) to 30.920 (When seller or lessor of product liable), "product liability civil action" means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of:

(1) Any design, inspection, testing, manufacturing or other defect in a product;

(2) Any failure to warn regarding a product; or

(3) Any failure to properly instruct in the use of a product. [1977 c.843 §1]

Notes of Decisions

"Product liability civil ac­tion," as defined in this sec­tion, embraces all theories plaintiff can adduce in ac­tion based on product defect. Marinelli v. Ford Motor Co., 72 Or App 268, 696 P2d 1 (1985), Sup Ct review denied

Strict liability in product liability civil ac­tions is limited to sellers and lessors of defective products and does not include non-seller distributors. Johnson v. Water Sausage Corp., 83 Or App 637, 733 P2d 59 (1987), Sup Ct review denied

"Product liability civil ac­tions" 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)

In product liability ac­tion brought under this sec­tion, article is dangerously defective when in condi­tion unreasonably dangerous to user. Johnson by and through Grandys v. Les Schwab Tire Centers, 766 F. Supp. 1554 (1991)

Although adequate warning on faultlessly-made product will prevent reliance on theory of strict liability in failure-to-warn defect case, product with manufacturing defect cannot be made nondefective simply by placing warning on product. Glover v. BIC Corp., 987 F2d 1410 (1993)

Manufacturer issuance of product warning to learned intermediary does not create de­fense to strict liability claim. Griffith v. Blatt, 334 Or 456, 51 P3d 1256 (2002)

Where initial failure to warn of known defect occurs prior to sale, continua­tion of failure to warn after date of sale is not sufficient to state claim independent of product liability civil ac­tion. Kambury v. DaimlerChrysler Corp., 185 Or App 635, 60 P3d 1103 (2003)

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)

"Manufacturer", "distributor" and "seller" have same meanings as in ORS 30.920 (When seller or lessor of product liable), including incorporated pro­vi­sions of Restate­ment of Torts. Mason v. Mt. St. Joseph, Inc., 226 Or App 392, 203 P3d 329 (2009)

Noncommercial reuse of product does not make per­son "distributor" of product. Mason v. Mt. St. Joseph, Inc., 226 Or App 392, 203 P3d 329 (2009)

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/­ors030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­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.