75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2725
 
                         House Bill 2612
 
Sponsored by 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 as
introduced.
 
  Extends statute of ultimate repose for product liability civil
actions.
 
                        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) 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 - }  { +  25 + }
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 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) 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) Except as provided by subsection (2) of
this section, the amendments to ORS 30.905 by section 1 of this
2009 Act apply to all causes of action, whether arising before,
on or after the effective date of this 2009 Act, and operate to
revive any cause of action that expired by operation of ORS
30.905 as in effect immediately before the effective date of this
2009 Act.
 
  (2) The amendments to ORS 30.905 by section 1 of this 2009 Act
do not apply to a cause of action for which a judgment was
entered in circuit court before the effective date of this 2009
Act. + }
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