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 1416
B-Engrossed
Senate Bill 284
Ordered by the Senate May 21
Including Senate Amendments dated May 7 and May 21
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate 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.
Increases duration of statute of ultimate repose for product
liability cases. Exempts from statute of ultimate repose certain
civil actions. Applies to causes of action arising on or after
effective date of Act.
Provides that certain civil actions are not subject to any
statute of ultimate repose, including civil action for damages
caused by R type metal halide or mercury vapor light bulbs.
Applies to causes of action for damages caused by R type metal
halide or mercury vapor light bulbs arising { - before, - } on
or after effective date of Act { + and before effective date of
Act if cause of action meets specified criteria + }.
A BILL FOR AN ACT
Relating to civil actions; creating new provisions; and amending
ORS 12.135, 12.276, 12.278, 12.282, 30.905, 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) 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. - }
{ + (1) Subject to the limitation imposed by subsection (2)
of this section, a product liability civil action for personal
injury or property damage must be commenced not later than two
years after 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.
(2) A product liability civil action for personal injury or
property damage must be commenced before the later of:
(a) Ten years after the date on which the product was first
purchased for use or consumption; or
(b) The expiration of any statute of repose for an equivalent
civil action in the state in which the product was manufactured,
or, if the product was manufactured in a foreign country, the
expiration of any statute of repose for an equivalent civil
action in the state into which the product was imported.
(3) Subject to the limitation imposed by subsection (4) of this
section, a product liability civil action for death must be
commenced not later than three years after the decedent, the
personal representative for the decedent or a person for whose
benefit an action could be brought under ORS 30.020 discovers, or
reasonably should have discovered, the causal relationship
between the death and the product, or the causal relationship
between the death and the conduct of the defendant.
(4) A product liability civil action for death must be
commenced before the earlier of:
(a) Three years after the death of the decedent;
(b) Ten years after the date on which the product was first
purchased for use or consumption; or
(c) The expiration of any statute of repose for an equivalent
civil action in the state in which the product was manufactured,
or, if the product was manufactured in a foreign country, the
expiration of any statute of repose for an equivalent civil
action in the state into which the product was imported.
(5) This section does not apply to a civil action brought
against a manufacturer, distributor, seller or lessor of a
manufactured dwelling, as defined in ORS 446.003, or of a
prefabricated structure, as defined in ORS 455.010. Actions
described in this subsection are subject to the statute of
limitations provided by ORS 12.135. + }
SECTION 2. { + The amendments to ORS 30.905 by section 1 of
this 2009 Act apply only to causes of action that arise on or
after the effective date of this 2009 Act. + }
SECTION 3. ORS 12.135 is amended to read:
12.135. (1) An action against a person, whether in contract,
tort or otherwise, arising from such person having performed the
construction, alteration or repair of any improvement to real
property or the supervision or inspection thereof, or from such
person having furnished the design, planning, surveying,
architectural or engineering services for such improvement, shall
be commenced within the applicable period of limitation otherwise
established by law; but in any event such action shall be
commenced within 10 years from substantial completion or
abandonment of such construction, alteration or repair of the
improvement to real property.
(2) Notwithstanding subsection (1) of this section, an action
against a person for the practice of architecture, as defined in
ORS 671.010, the practice of landscape architecture, as defined
in ORS 671.310, or the practice of engineering, as defined in ORS
672.005, to recover damages for injury to a person, property or
to any interest in property, including damages for delay or
economic loss, regardless of legal theory, arising from the
construction, alteration or repair of any improvement to real
property shall be commenced within two years from the date the
injury or damage is first discovered or in the exercise of
reasonable care should have been discovered; but in any event the
action shall be commenced within 10 years from substantial
completion or abandonment of the construction, alteration or
repair.
(3) For purposes of this section, 'substantial completion '
means the date when the contractee accepts in writing the
construction, alteration or repair of the improvement to real
property or any designated portion thereof as having reached that
state of completion when it may be used or occupied for its
intended purpose or, if there is no such written acceptance, the
date of acceptance of the completed construction, alteration or
repair of such improvement by the contractee.
(4) For the purposes of this section, an improvement to real
property shall be considered abandoned on the same date that the
improvement is considered abandoned under ORS 87.045.
(5) This section:
(a) Applies, in addition to other actions, to actions brought
in the name of the state or any county or other public
corporation therein, or for its benefit; { - and - }
{ + (b) Applies to an action against a manufacturer,
distributor, seller or lessor of a manufactured dwelling, as
defined in ORS 446.003, or of a prefabricated structure, as
defined in ORS 455.010; and + }
{ - (b) - } { + (c) + } Does not apply to actions against
any person in actual possession and control of the improvement,
as owner, tenant or otherwise, at the time such cause of action
accrues.
SECTION 4. ORS 12.276 is amended to read:
12.276. (1) Notwithstanding ORS 12.110 (1) or 30.020, an action
for death, injury or damage resulting from breast implants
containing silicone, silica or silicon as a component must be
commenced not later than two years after the date on which the
plaintiff first discovered, or in the exercise of reasonable care
should have discovered:
(a) The death or specific injury, disease or damage for which
the plaintiff seeks recovery;
(b) The tortious nature of the act or omission of the defendant
that gives rise to a claim for relief against the defendant; and
(c) All other elements required to establish plaintiff's claim
for relief.
(2) Except as provided in subsections (3) and (4) of this
section, an action for death, injury or damage resulting from
breast implants containing silicone, silica or silicon as a
component is not subject to ORS 12.110 (1), 12.115 or any other
{ + statute of limitation or + } statute of { + ultimate + }
repose in Oregon Revised Statutes.
(3) An action for death, injury or damage against a physician
licensed pursuant to ORS chapter 677, or against a health care
facility licensed under ORS chapter 442, resulting from breast
implants containing silicone, silica or silicon as a component,
remains subject to the limitations imposed by ORS 12.110 (4),
12.115, 30.020 and 30.075.
(4) An action for death, injury or damage against a person that
supplied component parts or raw materials to manufacturers of
breast implants containing silicone, silica or silicon as a
component remains subject to the limitations imposed by ORS
12.110 (1), 12.115, 30.020 and 30.075 if:
(a) The person did not manufacture breast implants containing
silicone, silica or silicon as a component at any time; and
(b) The person was not owned by and did not own a business that
manufactured breast implants containing silicone, silica or
silicon as a component at any time.
(5) For the purposes of subsection (1) of this section, an
action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by
subsection (1) of this section are made by any of the following
persons:
(a) The decedent;
(b) The personal representative for the decedent; or
(c) Any person for whose benefit the action could be brought.
SECTION 5. ORS 12.278 is amended to read:
12.278. (1) A civil action against a manufacturer of pickup
trucks for injury or damage resulting from a fire caused by
rupture of a sidesaddle gas tank in a vehicle collision,
including any product liability action under ORS 30.900 to 30.920
and any action based on negligence, must be commenced not later
than two years after the injury or damage occurs. A civil action
against a manufacturer of pickup trucks for death resulting from
a fire caused by rupture of a sidesaddle gas tank in a vehicle
collision, including any product liability action under ORS
30.900 to 30.920 and any action based on negligence, must be
commenced not later than three years after the death.
(2) A civil action against a manufacturer of pickup trucks for
death, injury or damage resulting from a fire caused by rupture
of a sidesaddle gas tank in a vehicle collision is not subject to
ORS 12.115, 30.020, 30.905 { - (1) - } or any other
{ + statute of limitation or + } statute of { + ultimate + }
repose in Oregon Revised Statutes.
(3) For the purposes of this section, 'sidesaddle gas tank '
means a gas tank mounted outside of the side rails of the frame
of a pickup truck.
SECTION 6. ORS 12.282 is amended to read:
12.282. (1) A civil action against a manufacturer of extendable
equipment for injury or other damage arising out of contact with
power lines, including any product liability action under ORS
30.900 to 30.920 and any action based on negligence, must be
commenced not later than two years after the injury or damage
occurs. A civil action against a manufacturer of extendable
equipment for death arising out of contact with power lines,
including any product liability action under ORS 30.900 to 30.920
and any action based on negligence, must be commenced not later
than three years after the death.
(2) A civil action against a manufacturer of extendable
equipment for injury, death or other damage arising out of
contact with power lines is not subject to ORS 12.115, 30.020 or
30.905
{ - (1) - } or any other { + statute of limitation or + }
statute of { + ultimate + } repose in Oregon Revised Statutes.
(3) For purposes of this section, 'extendable equipment ' means
cranes, truck-mounted cranes, truck-mounted booms, and any
self-powered vehicle with booms or other extensions that can
reach power lines from the ground.
SECTION 7. ORS 30.907 is amended to read:
30.907. (1) A product liability civil action for damages
resulting from asbestos-related disease { - shall - } { +
must + } be commenced not later than two years after the date on
which the plaintiff first discovered, or in the exercise of
reasonable care should have discovered, the disease and the cause
thereof.
{ + (2) A product liability civil action for damages
resulting from asbestos-related disease is not subject to ORS
30.905 or any other statute of limitation or statute of ultimate
repose in Oregon Revised Statutes. + }
{ - (2) - } { + (3) + } A product liability civil action
may not be brought against a contractor, as defined in ORS
701.005, for damages resulting from asbestos-related disease if
the contractor:
(a) Used or installed products containing asbestos pursuant to
plans, specifications or directions prepared for a project by or
on behalf of the owner of the project;
(b) Is not the manufacturer or distributor of the products
containing asbestos; and
(c) Did not furnish the products containing asbestos
independent of the provision of labor.
{ - (3) - } { + (4) + } Subsection { - (2) - } { +
(3) + } of this section does not affect a plaintiff's ability to
bring a product liability civil action against a contractor if:
(a) The contractor substituted a product containing asbestos on
a project when the plans, specifications or directions for the
project prepared by or on behalf of the owner did not specify the
use or installation of a product containing asbestos; and
(b) The owner or the owner's representative did not expressly
direct or consent to the substitution of the product containing
asbestos.
SECTION 8. { + Section 9 of this 2009 Act is added to and made
a part of ORS 30.900 to 30.920. + }
SECTION 9. { + A physician licensed pursuant to ORS chapter
677 is not a manufacturer, distributor, seller or lessor of a
product for the purposes of ORS 30.900 to 30.920 if the product
is provided by the physician to a patient as part of a medical
procedure and the physician was not involved in the design or
manufacture of the product. + }
SECTION 10. ORS 30.908 is amended to read:
30.908. (1) Notwithstanding ORS 30.020, a product liability
civil action for death, injury or damage resulting from breast
implants containing silicone, silica or silicon as a component
must be commenced not later than two years after the date on
which the plaintiff first discovered, or in the exercise of
reasonable care should have discovered:
(a) The death or specific injury, disease or damage for which
the plaintiff seeks recovery;
(b) The tortious nature of the act or omission of the defendant
that gives rise to a claim for relief against the defendant; and
(c) All other elements required to establish plaintiff's claim
for relief.
(2) A product liability civil action for death, injury or
damage resulting from breast implants containing silicone, silica
or silicon as a component is not subject to ORS 30.905 or any
other { + statute of limitation or + } statute of
{ + ultimate + } repose in Oregon Revised Statutes.
(3) For the purposes of subsection (1) of this section, an
action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by
subsection (1) of this section are made by any of the following
persons:
(a) The decedent;
(b) The personal representative for the decedent; or
(c) Any person for whose benefit the action could be brought.
(4) Subsections (1) to (3) of this section do not apply to a
person that supplied component parts or raw materials to
manufacturers of breast implants containing silicone, silica or
silicon as a component, and the person shall remain subject to
the limitations on actions imposed by ORS 30.020 and 30.905, if:
(a) The person did not manufacture breast implants containing
silicone, silica or silicon as a component at any time; and
(b) The person was not owned by and did not own a business that
manufactured breast implants containing silicone, silica or
silicon as a component at any time.
{ - (5) A physician licensed pursuant to ORS chapter 677 is
not a manufacturer, distributor, seller or lessor of a breast
implant for the purposes of ORS 30.900 to 30.920 if the implant
is provided by the physician to a patient as part of a medical
implant procedure. - }
{ - (6) - } { + (5) + } A health care facility licensed
under ORS chapter 442 is not a manufacturer, distributor, seller
or lessor of a breast implant for the purposes of ORS 30.900 to
30.920 if the implant is provided by the facility to a patient as
part of a medical implant procedure.
SECTION 11. { + (1) As used in this section, 'R type metal
halide or mercury vapor light bulb' means a metal halide or
mercury vapor light bulb that does not have an internal mechanism
that shuts off the light automatically within 15 minutes after
the bulb is broken.
(2) A product liability civil action for damages caused by R
type metal halide or mercury vapor light bulbs may not be
commenced more than two years after the date on which the
plaintiff first discovered, or in the exercise of reasonable care
should have discovered, the injury and the causal relationship
between the injury and the conduct of the defendant.
(3) A product liability civil action for damages caused by R
type metal halide or mercury vapor light bulbs is subject only to
the limitation imposed by this section and is not subject to ORS
30.905 or any other statute of limitation or statute of ultimate
repose. + }
SECTION 12. { + (1) Except as provided in subsection (2) of
this section, section 11 of this 2009 Act applies only to deaths,
personal injuries or property damage that occur on or after the
effective date of this 2009 Act.
(2) Section 11 of this 2009 Act revives a cause of action for
death, personal injury or property damage that occurred before
the effective date of this 2009 Act if:
(a) A civil action for the death, personal injury or property
damage was filed within the time provided by section 11 of this
2009 Act; and
(b) A final judgment was entered in the civil action on or
after January 1, 2008, and before the effective date of this 2009
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 2009 Act. + }
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