72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1191
 
                           A-Engrossed
 
                         House Bill 2080
                   Ordered by the House May 14
             Including House Amendments dated May 14
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Joint Interim 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.
 
  Provides that statute of limitations for product liability
civil actions commences to run when plaintiff first discovered,
or in exercise of reasonable care should have discovered,
 { - death, - } injury or damage   { - complained of - }  { +
and causal relationship between injury or damage and
product + }. { +  Specifies civil action must be commenced by
earlier of two years after discovery or 10 years after purchase
of product.
  Modifies limitations on product liability civil actions for
death.
  Revives certain causes of action for death, personal injury or
property damage filed before effective date of Act. Requires
civil action be refiled within one year of effective date of
Act. + }
 
                        A BILL FOR AN ACT
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. + }
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