71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3504
 
                         House Bill 3683
 
Sponsored by Representative WILLIAMS (at the request of Oregon
  Trial Lawyers Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Provides that product liability civil actions are not subject
to statutes of repose. Specifies that such actions must be
commenced within two years after date on which plaintiff first
discovered injury, or in exercise of reasonable care should have
discovered injury, or within three years after death.
 
                        A BILL FOR AN ACT
Relating to statutes of limitation; creating new provisions;
  amending ORS 12.160 and 30.905; and repealing ORS 12.276,
  12.278, 12.282, 30.907 and 30.908.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.905 is amended to read:
  30.905.   { - (1) Notwithstanding ORS 12.115 or 12.140 and
except as provided in subsection (2) of this section and ORS
30.907 and 30.908 (1) to (4), a product liability civil action
shall be commenced not later 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 and 30.908 (1) to
(4), a product liability civil action shall be commenced not
later than two years after the date on which the death, injury or
damage complained of occurs. - }
   { +  (1) A product liability civil action, including any
product liability civil action based on negligence, is not
subject to ORS 12.115, 12.140 or 30.020 or any other statute of
repose in the Oregon Revised Statutes.
  (2) A product liability civil action, including any product
liability civil action based on negligence, must be commenced not
later than two years after the date on which the plaintiff first
discovered the injury, or in the exercise of reasonable care
should have discovered the injury, or three years after
death. + }
  SECTION 2. ORS 12.160 is amended to read:
  12.160. If, at the time the cause of action accrues, any person
entitled to bring an action mentioned in ORS 12.010 to 12.050
 { - , - }  { +  and + } 12.070 to 12.250   { - and 12.276 - }
is   { - within - }   { + under + } the age of 18 years or
insane, the time of such disability shall not be a part of the
time limited for the commencement of the action; but the period
within which the action shall be brought   { - shall - }
 { + may + } not be extended more than five years by any such
disability, nor shall it be extended in any case longer than one
year after such disability ceases.
  SECTION 3.  { + ORS 12.276, 12.278, 12.282, 30.907 and 30.908
are repealed. + }
  SECTION 4.  { + (1) Except as provided in this section, the
amendments to ORS 12.160 and 30.905 by sections 1 and 2 of this
2001 Act and the repeal of statutes by section 3 of this 2001 Act
apply to all causes of action, whether arising before, on or
after the effective date of this 2001 Act.
  (2) The amendments to ORS 30.905 by section 1 of this 2001 Act
do not apply to any causes of action for which a final judgment
has been entered before the effective date of this 2001 Act.
  (3) Any cause of action that arose before the effective date of
this 2001 Act, and that was subject to the statute of limitations
provided by a statute repealed by section 3 of this 2001 Act,
must be brought within the time provided by ORS 30.905, as
amended by section 1 of this 2001 Act, or within the time
provided by the statute repealed by section 3 of this 2001 Act,
whichever is later. + }
                         ----------