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OREGON

Negligence / Personal Injury

years with Discovery Rule.

Wrongful Death

 3 years with occurrence rule.  2 years for personal injury in wrongful death when brought by personal representative.

Medical Malpractice

2 years with Discovery Rule. SOR: 5 years of date of act unless delay is due to fraud, deceit, or misrepresentation, and then, action must be commenced within 2 years of when such is, or should have been, discovered.

Malpractice (Other Professions)

years

Products Liability

years with Discovery Rule.
SOR: 8 years (but can equal 10 if plaintiff did not discover claim until year 8).

Intentional Torts

year for libel and slander.

years for false imprisonment.

Fraud

years commencing from discovery.

Municipal Liability/Sovereign Immunity

Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and $500,000 for any number of claims arising out of a single occurrence. Punitive damages are not recoverable.

Discovery Rule

Standard rule except see specific rules for medical malpractice and products liability.

Comparative Negligence

Does not bar recovery unless plaintiff’s fault is less than that of the defendant. Damages allowed are diminished in proportion to percentage of fault attrubutable to claimant.

Charitable Immunity

Abolished

Disabilities

For infancy (18th birthday) and insanity, the maximum is 5 years in all or 1 year after disability ceases.  Toll does not apply to medical or dental malpractice claims. SOL does not run during absence or concealment of defendant.

Damages

In any claim for bodily injury, death, or property damage, including claims for emotional injury or distress, death or property damage, amount awarded for noneconomic damages may not exceed $500,000. This limitation has been held unconstitutional by Supreme Court.

Punitive Damages

Plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to highly unreasonable risk of harm and conscious indifference to health, safety, and welfare of others.  Specific exceptions and regulations exist.

Caps:
None, unless physician is found acting in scope of duties without malice.

No-Fault Insurance

Applies

Other Relevant Information

years for Nuclear/Radioactive Incident.
years for Cases Involving Breast Implants.
years for actions against Ski Area Operators.

Consumer Fraud Complaint

Oregon Department of Justice, Financial Fraud Section
http://www.doj.state.or.us/finfraud/
(503) 378-4320 (Salem)
(503) 229-5576 (toll-free in Portland)
(877) 877-9392 (toll-free in Oregon)