74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1537
Senate Bill 444
Sponsored by COMMITTEE ON RULES
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 product liability civil actions are not subject
to statutes of ultimate repose.
A BILL FOR AN ACT
Relating to statutes of limitation; creating new provisions;
amending ORS 12.160, 30.020 and 30.905; and repealing ORS
12.276, 12.278, 12.282, 30.907 and 30.908.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 30.905 is amended to read:
30.905. { - (1) Except as provided in ORS 30.907 and 30.908
(1) to (4), a product liability civil action may not be 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) - } { + (1) + } { - Except as provided in ORS
30.907 and 30.908 (1) to (4), - } A product liability civil
action for personal injury or property damage must be commenced
not later than { - 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) - } { + (2) + } { - 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 - } { + within the time + } provided
by ORS 30.020 { - ; or - }
{ - (b) Ten years after the date on which the product was
first purchased for use or consumption - } .
{ + (3) A product liability civil action, including any
product liability civil action based on negligence, is not
subject to ORS 12.115 or 12.140 or any other statute of ultimate
repose in the Oregon Revised Statutes. + }
SECTION 2. 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
{ - , - } { + and + } 12.070 to 12.250 { - and 12.276 - }
is { - within - } { + under + } the age of 18 years or
insane, the time of such disability { - shall - } { + may + }
not be a part of the time limited for the commencement of the
action { - ; but - } { + . However, + } the period within which
the action shall be brought { - shall - } { + may + } not be
extended more than five years by any such disability, nor
{ - shall - } { + may + } it be extended in any case longer
than one year after such disability ceases.
SECTION 3. ORS 30.020 is amended to read:
30.020. (1) When the death of a person is caused by the
wrongful act or omission of another, the personal representative
of the decedent, for the benefit of the decedent's surviving
spouse, surviving children, surviving parents and other
individuals, if any, who under the law of intestate succession of
the state of the decedent's domicile would be entitled to inherit
the personal property of the decedent, and for the benefit of any
stepchild or stepparent whether that stepchild or stepparent
would be entitled to inherit the personal property of the
decedent or not, may maintain an action against the wrongdoer, if
the decedent might have maintained an action, had the decedent
lived, against the wrongdoer for an injury done by the same act
or omission. The action shall be commenced within three years
after the injury causing the death of the decedent is discovered
or reasonably should have been discovered by the decedent, by the
personal representative or by a person for whose benefit the
action may be brought under this section if that person is not
the wrongdoer. In no case may an action be commenced later than
the earliest of:
(a) Three years after the death of the decedent; or
(b) The longest of any other period for commencing an action
under a statute of ultimate repose that applies to the act or
omission causing the injury, including but not limited to the
statutes of ultimate repose provided for in ORS 12.110 (4),
12.115, 12.135 { - , - } { + and + } 12.137 { - and
30.905 - } .
(2) In an action under this section damages may be awarded in
an amount which:
(a) Includes reasonable charges necessarily incurred for
doctors' services, hospital services, nursing services, other
medical services, burial services and memorial services rendered
for the decedent;
(b) Would justly, fairly and reasonably have compensated the
decedent for disability, pain, suffering and loss of income
during the period between injury to the decedent and the
decedent's death;
(c) Justly, fairly and reasonably compensates for pecuniary
loss to the decedent's estate;
(d) Justly, fairly and reasonably compensates the decedent's
spouse, children, stepchildren, stepparents and parents for
pecuniary loss and for loss of the society, companionship and
services of the decedent; and
(e) Separately stated in finding or verdict, the punitive
damages, if any, which the decedent would have been entitled to
recover from the wrongdoer if the decedent had lived.
(3) For the purposes of this section:
(a) Two persons shall be considered to have a
stepchild-stepparent relationship if one of the biological
parents of the stepchild, while the stepchild is a minor and in
the custody of this first biological parent, marries the
stepparent who is not the second biological parent or the
adoptive parent of the stepchild;
(b) The stepchild-stepparent relationship shall remain in
effect even though the stepchild is older than the age of
majority or has been emancipated;
(c) The stepchild-stepparent relationship shall remain in
effect even though one or both of the biological parents of the
stepchild die; and
(d) The stepchild-stepparent relationship shall end upon the
divorce of the biological parent and the stepparent.
SECTION 4. { + ORS 12.276, 12.278, 12.282, 30.907 and 30.908
are repealed. + }
SECTION 5. { + (1) Except as provided in this section, the
amendments to ORS 12.160, 30.020 and 30.905 by sections 1, 2 and
3 of this 2007 Act and the repeal of statutes by section 4 of
this 2007 Act apply to all causes of action, whether arising
before, on or after the effective date of this 2007 Act.
(2) The amendments to ORS 30.905 by section 1 of this 2007 Act
do not apply to any causes of action for which a judgment has
been entered before the effective date of this 2007 Act.
(3) Any cause of action that arose before the effective date of
this 2007 Act, and that was subject to the statute of limitations
provided by a statute repealed by section 4 of this 2007 Act,
must be brought within the time provided by ORS 30.905, as
amended by section 1 of this 2007 Act, or within the time
provided by the statute repealed by section 4 of this 2007 Act,
whichever is later. + }
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