OREGON

Negligence / Personal Injury

2 Years with Discovery Rule.

Toxic Tort

2 Years An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. Or. Rev. Stat. Ann. § 12.110

Wrongful Death

3 Years

(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, 12.137 and 30.905. Or. Rev. Stat. Ann. § 30.020

Medical Malpractice

2 Years An action to recover damages for injuries to the person arising from any medical, surgical or dental treatment, omission or operation shall be commenced within two years from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. However, notwithstanding the provisions of ORS 12.160, every such action shall be commenced within five years from the date of the treatment, omission or operation upon which the action is based or, if there has been no action commenced within five years because of fraud, deceit or misleading representation, then within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered. Or. Rev. Stat. Ann. § 12.110

The statute of limitations begins to run from the date when the injury is first discovered or in the exercise of reasonable care should have been discovered. ORS 12.110 and Greene v. Legacy Emanuel Hosp. and Health Care Center, 60 P.3d 535, 538 (Or. 2002).

Products Liability

2 Years

An action for assault, battery, false imprisonment, or for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. Or. Rev. Stat. Ann. § 12.110

Discovery:

The statute of limitations begins to run when the plaintiff first discovers or, in the exercise of reasonable care, should have discovered that the injury or other damage complained of exists and was the result of a product defect. Fox v. Collins, 162 P.3d 998, 1000 (Ct. App. Or. 2007).

Statute of Repose - (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. Or. Rev. Stat. Ann. § 30.905

Intentional Torts

2 Years

Fraud

2 Years The action must be brought within two years from the date such fraud, deceit or misleading representation is discovered or in the exercise of reasonable care should have been discovered. O.R.S. 12.110 (4).

Municipal Liability/Sovereign Immunity

Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and over $500,000 for any number of claims arising out of a single occurrence.

Discovery Rule

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

Comparative Negligence

Does not bar recovery unless plaintiff's fault exceeds 50%.

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.

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.

No-Fault Insurance

Applies

Other Relevant Information

2 Years for Nuclear/Radioactive Incident.
2 years for Cases Involving Breast Implants.

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)