ORS 30.905
Time limitation for commencement of action


(1)

Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after 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.

(2)

A product liability civil action for personal injury or property damage must be commenced before the later of:

(a)

Ten years after the date on which the product was first purchased for use or consumption; or

(b)

The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(3)

Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 (Action for wrongful death) discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.

(4)

A product liability civil action for death must be commenced before the earlier of:

(a)

Three years after the death of the decedent;

(b)

Ten years after the date on which the product was first purchased for use or consumption; or

(c)

The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.

(5)

This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227), or of a prefabricated structure, as defined in ORS 455.010 (Definitions for ORS chapter 455). Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property). [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]
Note: Section 2, chapter 485, Oregon Laws 2009, provides:
Sec. 2. The amendments to ORS 30.905 (Time limitation for commencement of action) by section 1 of this 2009 Act apply only to causes of action that arise on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.485 §2]

Source: Section 30.905 — Time limitation for commencement of action, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

Notes of Decisions

ORS 12.160 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 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), Sup Ct review denied

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)

Where plaintiff, Oregon resident, filed product liability action regarding product manufactured out-of-state more than 10 years after product was first purchased, and state of manufacture does not have statute of repose for equivalent civil action, plaintiff’s action is not subject to Oregon’s 10-year statute of repose. Miller v. Ford Motor Co., 363 Or 105, 419 P3d 392 (2018)

This section does not violate Article I, section 21, of the Oregon Constitution, by delegating authority to foreign legislatures to create Oregon law, but instead functions as choice of law provision. Miller v. Ford Motor Co., 363 Or 105, 419 P3d 392 (2018)

Attorney General 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); 88 OLR 963 (2009)

30.010
Who may maintain action for injury or death of child
30.020
Action for wrongful death
30.025
Placement of damages in lawyer trust account or other account before distribution
30.030
Distribution of damages
30.040
Apportionment among dependents upon settlement
30.050
Apportionment among dependents after judgment
30.060
Appeal from order of distribution or apportionment
30.063
Forfeiture of damages distributable to parent or stepparent for desertion or neglect
30.065
Petition for forfeiture
30.070
Settlement
30.075
Procedure upon death of injured person
30.080
Effect of death of wrongdoer
30.090
Appointment of administrator of estate of wrongdoer
30.100
Substitution of personal representative as party defendant
30.115
Aircraft and watercraft guest passengers
30.130
Public carriers by aircraft and prospective aircraft purchasers
30.135
Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle
30.136
Action to enforce right or remedy under Servicemembers Civil Relief Act
30.138
Remedies for violation of Servicemembers Civil Relief Act
30.140
Certain indemnification provisions in construction agreement void
30.145
Certain provisions relating to waivers in construction agreements void
30.178
Liability of employer for disclosing information about employee to new employer
30.180
Definitions for ORS 30.180 to 30.186
30.182
Civil action for taking of or tampering with utility services
30.184
Amount recoverable
30.186
Remedies not exclusive
30.192
Definitions for ORS 30.192 to 30.196
30.194
Prohibitions relating to cable services
30.195
Civil action for violation of prohibitions relating to cable services
30.196
Amount recoverable
30.198
Civil action for intimidation
30.200
Action by district attorney
30.210
To whom official bonds are security
30.220
Parties
30.230
Leave to begin action
30.240
Subsequent delinquencies on same bond
30.250
Amount of judgment
30.260
Definitions for ORS 30.260 to 30.300
30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations
30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300
30.265
Scope of liability of public body, officers, employees and agents
30.267
Liability for certain medical treatment at Oregon Health and Science University facilities
30.268
Liability for certain medical treatment at facilities other than Oregon Health and Science University
30.269
Limitations on awards under Oregon Tort Claims Act generally
30.271
Limitations on liability of state for personal injury and death
30.272
Limitations on liability of local public bodies for personal injury and death
30.273
Limitations on liability of public bodies for property damage or destruction
30.274
Direct appeal of constitutionality of limitations
30.275
Notice of claim
30.278
Reporting notice of claim of professional negligence to licensing board
30.282
Local public body insurance
30.285
Public body shall indemnify public officers
30.287
Counsel for public officer
30.290
Settlement of claims by local public body
30.295
Payment of judgment or settlement
30.297
Liability of certain state agencies for damages caused by foster child or adjudicated youth
30.298
Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth
30.300
ORS 30.260 to 30.300 exclusive
30.302
Certain retired health care providers to be considered agents of public bodies
30.310
Actions and suits by governmental units
30.312
Actions by governmental units under federal antitrust laws
30.315
Proceedings by cities and counties to enforce ordinances and resolutions
30.320
Contract and other actions and suits against governmental units
30.330
Contracts of Department of Transportation providing for arbitration
30.340
Title of proceedings by or against county
30.360
Governmental unit as defendant in actions involving liens on realty
30.370
Service of summons on Attorney General
30.380
Action by assignee of claim for money illegally charged or exacted
30.390
Satisfaction of judgment against public corporation
30.395
Settlement of certain claims against municipal corporations
30.400
Actions by and against public officers in official capacity
30.405
Injunction for criminal conduct related to employment or status of public servant
30.407
Request for hearing following issuance of order under ORS 30.405
30.410
In whose name action brought
30.420
Venue of action for forfeiture
30.430
Amount of penalty
30.440
Judgment by collusion not a bar
30.460
Payment of fines or costs in proceeding to enforce county ordinance or resolution
30.475
Legislative policy
30.480
Limitation on liability of volunteers
30.485
Apportionment of damages
30.490
Definitions for ORS 30.490 to 30.497
30.492
Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material
30.495
Exceptions to limitation
30.497
When limitation on liability not applicable
30.500
Definitions for ORS 30.500 and 30.505
30.505
Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws
30.510
Action for usurpation of office or franchise, forfeiture of office or failure to incorporate
30.520
Joinder of defendants
30.530
Determining right of person claiming an office or franchise
30.540
Rights of person adjudged entitled to office or franchise
30.550
Action for damages
30.560
Judgment against usurper
30.570
Action to annul corporate existence on direction of Governor
30.580
Action to annul corporate existence on leave of court
30.590
Judgment against corporation
30.600
Action to annul letters patent
30.610
Prosecutor
30.620
Duty of district attorney
30.630
Filing copy of judgment with Secretary of State
30.640
Enforcement of judgment
30.642
Definitions for ORS 30.642 to 30.650
30.643
Waiver or deferral of fees and costs
30.645
Waiver or deferral of fees after three dismissals of action
30.646
Payment of costs under judgment against adult in custody
30.647
Dismissal of action during proceedings
30.648
Small claims actions
30.650
Award of noneconomic damages
30.671
Definitions for ORS 30.671 to 30.677
30.673
Limitations on liability of agri-tourism professional
30.677
Notice
30.687
Definitions for ORS 30.687 to 30.697
30.689
Policy
30.691
Limitations on liability
30.693
Additional exceptions to limitations on liability
30.695
Effect of written release on liability of veterinarian or farrier
30.697
Effect on workers’ compensation benefits
30.701
Actions against maker of dishonored check
30.715
Successive actions or suits
30.740
Right of gambling loser to recover double losses
30.750
Liability of abstractors
30.765
Liability of parents for tort by child
30.772
Liability of landowner arising out of aviation activity
30.774
Indemnification of property owner that allows nonprofit organization or educational provider to use property
30.780
Liability for damages caused by gambling
30.785
Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards
30.788
Liability of architect, engineer, inspector or building evaluator for emergency relief services
30.792
Liability of health care provider or health clinic for volunteer services to charitable organization
30.794
Liability of physician or hospital arising out of care provided by direct entry midwife
30.800
Liability for emergency medical assistance
30.802
Liability for use of automated external defibrillator
30.803
Liability of licensed emergency medical services provider acting as volunteer
30.805
Liability for emergency medical assistance by government personnel
30.807
Liability for emergency transportation assistance
30.809
Liability of fraternal organization that provides used eyeglasses or hearing aids
30.811
Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual
30.813
Liability of person who enters motor vehicle to remove unattended child or domestic animal
30.815
Liability of seller or lessor of law enforcement dog
30.817
Action against animal abuser for costs of providing veterinary care
30.820
Action against seller of drugged horse
30.822
Action for theft of or injury to search and rescue animal or therapy animal
30.825
Action for unlawful tree spiking
30.831
Action for invasion of personal privacy
30.833
Action for dissemination of intimate image
30.835
Action for improper disclosure of private information
30.845
Action against person who summons police with improper intent
30.849
Action for injunction compelling private school to comply with certain laws
30.860
Action for trade discrimination
30.862
Action for public investment fraud
30.863
Action for impersonation
30.864
Action for disclosure of certain education records
30.866
Action for issuance or violation of stalking protective order
30.867
Action for violation of criminal laws relating to involuntary servitude or trafficking in persons
30.868
Civil damages for custodial interference
30.870
Definitions for ORS 30.870 and 30.875
30.875
Civil damages for shoplifting or taking of agricultural produce
30.876
Treble damages and costs in actions arising out of interference with agricultural research
30.877
Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production
30.882
Award of liquidated damages to sports official subjected to offensive physical contact
30.890
Liability of food gleaners, donors and distributors
30.892
Liability of donors and distributors of general merchandise and household items
30.900
“Product liability civil action” defined
30.902
Products provided by physicians
30.905
Time limitation for commencement of action
30.907
Action for damages from asbestos-related disease
30.908
Action arising out of injury from breast implants
30.910
Product disputably presumed not unreasonably dangerous
30.915
Defenses
30.920
When seller or lessor of product liable
30.925
Punitive damages
30.927
When manufacturer of drug not liable for punitive damages
30.928
Time limitation for actions for damages caused by certain light bulbs
30.930
Definitions for ORS 30.930 to 30.947
30.931
Transport or movement of equipment, device, vehicle or livestock as farming or forest practice
30.932
Definition of “nuisance” or “trespass.”
30.933
Legislative findings
30.934
Prohibition on local laws that make forest practice a nuisance or trespass
30.935
Prohibition on local laws that make farm practice a nuisance or trespass
30.936
Immunity from private action based on farming or forest practice on certain lands
30.937
Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use
30.938
Attorney fees and costs
30.939
When use of pesticide considered farming or forest practice
30.940
Effect on other remedies
30.942
Rules
30.943
Certain agencies not required to investigate complaints based on farming or forest practice
30.947
Effect of siting of destination resorts or other nonfarm or nonforest uses
30.949
Action for hindering, impairment or obstruction of forest practice on state forestland
30.961
Actions against sellers of food for food-related condition
30.963
Claim requirements for actions involving food-related conditions
30.970
Definitions for ORS 30.970 to 30.990
30.975
Skiers assume certain risks
30.980
Notice to ski area operator of injury to skier
30.985
Duties of skiers
30.990
Operators required to give skiers notice of duties
Green check means up to date. Up to date