Chapter 768 Oregon Laws 2003

AN ACT

HB 2080

Relating to statute of limitations for product liability civil actions; creating new provisions; and amending ORS 30.905.

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] may not be [commenced not later] brought for any death, personal injury or property damage that is caused by a product and that occurs more 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] for personal injury or property damage must be commenced not later than [two years after the date on which the death, injury or damage complained of occurs] the earlier of:

(a) Two years after the date on which 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; or

(b) Ten years after the date on which the product was first purchased for use or consumption.

(3) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product liability civil action for death must be commenced not later than the earlier of:

(a) The limitation provided by ORS 30.020; or

(b) Ten years after the date on which the product was first purchased for use or consumption.

SECTION 2. (1) Subject to the provisions of this section, the amendments to ORS 30.905 by section 1 of this 2003 Act apply only to deaths, personal injuries or property damage that occurs on or after the effective date of this 2003 Act.

(2) The amendments to ORS 30.905 by section 1 of this 2003 Act revive a cause of action for which a civil action for death, personal injury or property damage was filed before the effective date of this 2003 Act if:

(a) The civil action was filed within the time provided by ORS 30.905 as amended by section 1 of this 2003 Act;

(b) The civil action was adjudicated based on the provisions of ORS 30.905 as in effect immediately before the effective date of this 2003 Act; and

(c) A final judgment was entered in the civil action on or after June 8, 2001, and before the effective date of this 2003 Act.

(3) A civil action based on a cause of action revived by subsection (2) of this section must be refiled within one year after the effective date of this 2003 Act.

Approved by the Governor September 17, 2003

Filed in the office of Secretary of State September 18, 2003

Effective date January 1, 2004

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