72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
HA to HB 2080
 
LC 1191/HB 2080-8
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2080
 
                    By COMMITTEE ON JUDICIARY
 
                             May 14
 
  Delete lines 5 through 19 of the printed bill and insert:
  '  { +  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. + } ' .
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