Statute of Limitations

Oregon Statute of Limitations in Product Liability Claims

If I was injured due to a defective product, how long do I have to file a lawsuit? Two years, with exceptions.  Under ORS 30.905(1). If a defective product is not initially discovered, then it is two years from the date of discovery or when the defect should have been reasonably discovered.

How might the Statute of Ultimate Repose affect the Statute of Limitations? The filing must also be within any applicable statute of ultimate repose under ORS 30.905(2), usually 10 years from purchase for consumption. Note:  These rules may not apply to products manufactured outside of Oregon or in another country.  See ORS 30.905(2)(b).

What is the statute of limitations if someone died as a result of a defective product?  The earlier of 10 years from when the product was initially purchased or 3 years from the person’s death.  See ORS 30.905(4)(a)(b)

What if my claim is against a governmental agency? If your claim involves a governmental agency, you must give propert tort claim notice within 180 days under ORS 30.275(2)(b).  Tort claim notice must be given within one year of a wrongful death.  See ORS 30.275(2)(a).  If you are injured due to a product and unable to give tort claim notice due to injury caused by the government or governmental agency or because of minority, incompetency or other incapacity you may have an extra 90 days to give Oregon tort claim notice.

Disclaimer: Seek legal advice sooner rather than later for specific statute of limitations advice regarding your particular product liability claim.  Call Clark Law and Associates, LLC at (503) 238-1010  The information on this website is not meant as legal advice, but general information. This site is not necessarily updated in a timely manner with the current law.

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