Chapter 285
AN ACT
HB 2366
Relating to statutes of limitation; creating new provisions; and
amending ORS 12.160.
Be It Enacted by the People of
the State of
SECTION 1. 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,
12.070 to 12.250 and 12.276 is within 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
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.]
(1) Subject to
subsection (2) of this section, if a person is entitled to bring an action that
is subject to the statutes of limitation prescribed by ORS 12.010 to 12.050,
12.070 to 12.250 or 12.276, and at the time the cause of action accrues the
person is a child who is younger than 18 years of age, the statute of
limitation for commencing the action is tolled for so long as the person is
younger than 18 years of age.
(2) The time for
commencing an action may not be extended under subsection (1) of this section
for more than five years, or for more than one year after the person attains 18
years of age, whichever occurs first.
(3) Subject to
subsection (4) of this section, if a person is entitled to bring an action that is subject to the statutes of limitation prescribed by
ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of
action accrues the person is insane, the statute of limitation for commencing
the action is tolled for so long as the person is insane.
(4) The time for
commencing an action may not be extended under subsection (3) of this section
for more than five years, or for more than one year after the person is no
longer insane, whichever occurs first.
(5) If a child’s cause
of action is tolled under subsection (1) of this section, a cause of action for
recovery of damages for medical expenses incurred by a parent, guardian or
conservator of the child is tolled for the same period of time as the child’s
cause of action if the medical expenses resulted from the same wrongful conduct
that is the basis of the child’s cause of action.
SECTION 2. The amendments to ORS 12.160 by section 1 of
this 2007 Act apply only to causes of action arising on or after the effective
date of this 2007 Act.
Approved by the Governor June 1, 2007
Filed in the office of Secretary of State June 1, 2007
Effective date January 1, 2008
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