Oregon Statutes of Limitations

NOTE: While many states have opted to toll their statutes of limitations during the COVID-19 pandemic, Oregon has not yet opted to do so.

What’s a Statute of Limitations?

A statute of limitations is a set time limit for filing a legal claim. Lawsuits filed after this period has elapsed are not considered valid.

What Is the Statute of Limitations in Oregon for Civil Cases?

For most types of civil cases in Oregon, like medical malpractice, the statute of limitations is two years.

Oregon Statute of Limitations for Negligence and Personal Injury Claims

The Oregon statute of limitations for negligence and personal injury claims is two years. The discovery rule applies: If the injury is not immediately apparent, the two-year period begins upon its discovery.

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)

Statute of Limitations for Medical Malpractice in Oregon

The statute of limitations on medical malpractice in Oregon is typically two years from the date of the injury. However, the discovery rule can be applied to the statute of limitations on medical malpractice in Oregon. If someone is not immediately aware that they were a victim of malpractice, the Oregon medical malpractice statute of limitations does not begin to run until the injury in question is discovered.

“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)

Product 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 Rule

“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))

Statutes of Limitations for Other Types of Injuries

• Cases Stemming From a Nuclear Incident: Two years
• Cases Involving Breast Implants: Two years

Can You Sue the State of Oregon?

Yes: The state does not have sovereign immunity. However, you must first file a Notice of Claim with the Oregon Department of Administrative Services. Damages are limited to $50,000 for property damage and $100,000 for claims arising out of a single occurrence.

Comparative Negligence

Under Oregon’s comparative negligence rules, a plaintiff may recover damages if they are less than 51% to blame for their injuries. The amount awarded will be reduced by their percentage of fault.

Charitable Immunity

Charitable organizations are not immune to legal claims.

Legal Disabilities

For minors (younger than 18) and the insane, statutes of limitations may be delayed for a maximum of five years or one year after the legal disability ends.

Punitive Damages

For punitive damages to be awarded, a plaintiff must present clear and convincing evidence of malice or reckless and outrageous indifference to a highly unreasonable risk of harm and conscious indifference to the health, safety, and welfare of others.

No-Fault Insurance

Oregon is a no-fault state.

Consumer Fraud Complaints

You can file consumer fraud complaints online with the Oregon Department of Justice or call the state consumer hotline at 1-877-877-9392 (toll-free in Oregon).

Frequently Asked Questions About the Statute of Limitations in Oregon