30.900 “Product liability civil action” defined. As used in ORS 30.900 to 30.920, “product liability civil action” means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of:
1. Any design, inspection, testing, manufacturing or other defect in a product;
2. Any failure to warn regarding a product; or
3. Any failure to properly instruct in the use of a product. [1977 c.843 §1]
30.902 Products provided by physicians. A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if the product is provided by the physician to a patient as part of a medical procedure and the physician was not involved in the design or manufacture of the product. [2009 c.485 §9]
30.905 Time limitation for commencement of action. (1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.
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.
3. Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.
4. A product liability civil action for death must be commenced before the earlier of:
a. Three years after the death of the decedent;
b. Ten years after the date on which the product was first purchased for use or consumption; or
c. 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.
5. This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135. [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]
Note: Section 2, chapter 485, Oregon Laws 2009, provides:
Sec. 2. The amendments to ORS 30.905 by section 1 of this 2009 Act apply only to causes of action that arise on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.485 §2]
30.907 Action for damages from asbestos-related disease; limitations. (1) A product liability civil action for damages resulting from asbestos-related disease must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the disease and the cause thereof.
2. A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in
3. A product liability civil action may not be brought against a contractor, as defined in ORS 701.005, for damages resulting from asbestos-related disease if the contractor:
a. Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;
b. Is not the manufacturer or distributor of the products containing asbestos; and
c. Did not furnish the products containing asbestos independent of the provision of labor.
4. Subsection (3) of this section does not affect a plaintiff’s ability to bring a product liability civil action against a contractor if:
a. The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and
b. The owner or the owner’s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 §3; 2005 c.740 §1; 2009 c.485 §7]
30.908 Action arising out of injury from breast implants; limitations. (1) Notwithstanding ORS 30.020, a product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:
a. The death or specific injury, disease or damage for which the plaintiff seeks recovery;
b. The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and
c. All other elements required to establish plaintiff’s claim for relief.
2. A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
3. For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:
a. The decedent;
b. The personal representative for the decedent; or
c. Any person for whose benefit the action could be brought.
4. Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 and 30.905, if:
a. The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and
b. The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.
5. A health care facility licensed under ORS chapter 442 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 §§4,5; 2007 c.71 §10; 2009 c.485 §10]
30.910 Product disputably presumed not unreasonably dangerous. It is a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. [1977 c.843 §2]
30.915 Defenses. It shall be a defense to a product liability civil action that an alteration or modification of a product occurred under the following circumstances:
1. The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;
2. The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and
3. If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 §4]
30.920 When seller or lessor of product liable; effect of liability rule. (1) One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to
a. The seller or lessor is engaged in the business of selling or leasing such a product; and
b. The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.
2. The rule stated in subsection (1) of this section shall apply, even though:
a. The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and
b. The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.
3. It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.
4. Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]
30.925 Punitive damages. (1) In a product liability civil action, punitive damages shall not be recoverable except as provided in ORS 31.730.
2. Punitive damages, if any, shall be determined and awarded based upon the following criteria:
a. The likelihood at the time that serious harm would arise from the defendant’s misconduct;
b. The degree of the defendant’s awareness of that likelihood;
c. The profitability of the defendant’s misconduct;
d. The duration of the misconduct and any concealment of it;
e. The attitude and conduct of the defendant upon discovery of the misconduct;
f. The financial condition of the defendant; and
g. The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]
30.927 When manufacturer of drug not liable for punitive damages; exceptions. (1) Where a drug allegedly caused the plaintiff harm, the manufacturer of the drug shall not be liable for punitive damages if the drug product alleged to have caused the harm:
a. Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration under the Federal Food, Drug and Cosmetic Act or the Public Health Service Act; or
b. Is generally recognized as safe and effective pursuant to conditions established by the federal Food and Drug Administration and applicable regulations, including packaging and labeling regulations.
2. Subsection (1) of this section does not apply if the plaintiff proves, in accordance with the standard of proof set forth in ORS 30.925 (1), that the defendant, either before or after making the drug available for public use, knowingly in violation of applicable federal Food and Drug Administration regulations withheld from or misrepresented to the agency or prescribing physician information known to be material and relevant to the harm which the plaintiff allegedly suffered.
3. Nothing contained in this section bars an award of punitive damages where a manufacturer of a drug intentionally fails to conduct a recall required by a valid order of a federal or state agency authorized by statute to require such a recall.
4. For the purposes of this section, the term “drug” has the meaning given to the term in section 1201 (g)(1) of the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 (g)(1). [1987 c.774 §5]
Note: Sections 1 and 2, chapter 536, Oregon Laws 2007, provide:
Sec. 1. (1) As used in this section, “COX-2 inhibitor” means a medication that is intended to inhibit the enzyme known as cyclooxygenase-2.
2. A civil action for injury, including any product liability action under ORS 30.900 to 30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than four years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the product, or the causal relationship between the injury and the conduct of the defendant.
3. A civil action for death, including any product liability action under ORS 30.900 to 30.920 and any action based on negligence, resulting from the use of a COX-2 inhibitor must be commenced not later than six years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant. [2007 c.536 §1]
Sec. 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2007 Act applies only to causes of action arising on or before January 1, 2007.
2. Section 1 of this 2007 Act does not apply to any causes of action for which a judgment was entered in the register of a court before the effective date of this 2007 Act [January 1, 2008]. [2007 c.536 §2]
30.928 Time limitation for actions for damages caused by certain light bulbs. (1) As used in this section, “R type metal halide or mercury vapor light bulb” means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken.
2. A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.
3. A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose. [2009 c.485 §11]
Note: Section 12, chapter 485, Oregon Laws 2009, provides:
Sec. 12. (1) Except as provided in subsection (2) of this section, section 11 of this 2009 Act [30.928] applies only to deaths, personal injuries or property damage that occur on or after the effective date of this 2009 Act [January 1, 2010].
2. Section 11 of this 2009 Act revives a cause of action for death, personal injury or property damage that occurred before the effective date of this 2009 Act if:
a. A civil action for the death, personal injury or property damage was filed within the time provided by section 11 of this 2009 Act; and
b. A final judgment was entered in the civil action on or after January 1, 2008, and before the effective date of this 2009 Act.
3. A civil action based on a cause of action revived by subsection (2) of this section must be refiled within one year after the effective date of this 2009 Act. [2009 c.485 §12]