Chapter 514 Oregon Laws 1999

Session Law

AN ACT

HB 3386

Relating to statutes of limitation.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) A civil action against a manufacturer of extendable equipment for injury or other damage arising out of contact with powerlines, 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 powerlines, 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 powerlines is not subject to ORS 12.115, 30.020 or 30.905 (1) or any other statute of 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 powerlines from the ground.

SECTION 2. (1) Section 1 of this 1999 Act applies to all causes of action for death, injury or damage resulting from contact with a powerline, whether arising before, on or after the effective date of this 1999 Act.

(2) Section 1 of this 1999 Act acts to revive any cause of action that is subject to section 1 of this 1999 Act that was barred by the operation of ORS 12.115, 30.020 or 30.905 (1) if the action is brought within the time allowed by section 1 of this 1999 Act.

(3) If an action subject to section 1 of this 1999 Act was filed before the effective date of this 1999 Act, the court shall allow the parties to replead in conformity with the provisions of section 1 of this 1999 Act. If an action subject to section 1 of this 1999 Act was dismissed before the effective date of this 1999 Act, by reason of the operation of ORS 12.115, 30.020 or 30.905 (1), a new action may be brought within one year after the effective date of this 1999 Act, even though the action is commenced more than two years after the injury or damage complained of or more than three years after the death complained of.

Approved by the Governor July 7, 1999

Filed in the office of Secretary of State July 7, 1999

Effective date October 23, 1999

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