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 4040
 
                         House Bill 3940
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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 certain provisions of product liability law do
not limit ability of user or consumer to establish that tobacco
product is unreasonably dangerous.
 
                        A BILL FOR AN ACT
Relating to tobacco products; creating new provisions; and
  amending ORS 30.920.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 30.920 is amended to read:
  30.920. (1) One who sells or leases any product in a defective
condition unreasonably dangerous to the user or consumer or to
the property of the user or consumer is subject to liability for
physical harm or damage to property caused by that condition, if:
  (a) The seller or lessor is engaged in the business of selling
or leasing such a product; and
  (b) The product is expected to and does reach the user or
consumer without substantial change in the condition in which it
is sold or leased.
  (2) The rule stated in subsection (1) of this section shall
apply, even though:
  (a) The seller or lessor has exercised all possible care in the
preparation and sale or lease of the product; and
  (b) The user, consumer or injured party has not purchased or
leased the product from or entered into any contractual relations
with the seller or lessor.
  (3) It is the intent of the Legislative Assembly that the rule
stated in subsections (1) and (2) of this section shall be
construed in accordance with the Restatement (Second) of Torts
sec. 402A, Comments a to m (1965) { + , except to the extent that
those comments in any way limit the ability of a user or consumer
to establish that any tobacco product is unreasonably
dangerous + }. All references in these comments to sale, sell,
selling or seller shall be construed to include lease, leases,
leasing and lessor.
  (4) Nothing in this section shall be construed to limit the
rights and liabilities of sellers and lessors under principles of
common law negligence or under ORS 72.1010 to 72.7250.
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 30.920 by section 1 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 30.920 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. + }
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