Oregon

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (OREGON)

Personal Injury - 2 yrs. [O.R.S. § 12.110]

Wrongful Death - 3 yrs. (after injury causing death was discovered or after date of death, whichever comes first) [O.R.S. § 30.020] 

Med Mal - 2 yrs. (from discovery of injury) (but no later than 5 yrs. from the subject treatment) [O.R.S. § 12.110]

Property Damage - 6 yrs. [O.R.S. § 12.080]

Product Liability (involving Personal Injury or Property Damage) - 2 yrs. (after discovery) (3 yrs. if death) [O.R.S. § 30.905]

Contracts (Written and Oral) - 6 yrs. [O.R.S. § 12.080]

Contract for Sale (goods) and Breach of Warranty - 4 yrs. (after tender of delivery) [O.R.S. § 72.7250]

Actions Against Architects and Engineers - 2 yrs. (statute of repose applies - see below) [O.R.S. § 12.135]

Discovery rule cannot be assumed, but must be found in the statute of limitations itself, and whether the statute contains a discovery rule is a matter of legislative intent [Gladhart v. Oregon Vineyard Supply Co., 26 P.3d 817 (Or. 2001)].  Appears to be case-by-case determination.

Statutes of Repose (OREGON)

Products - 10 yrs. (or the expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured) [O.R.S. § 30.905]

Negligent Injury to Person/Property - 10 yrs. from act/omission [O.R.S. § 12.115]

Construction of Real Property - 10 yrs. (6 yrs. for large commercial structures not owned or maintained by a homeowners association or association of unit owners) [O.R.S. § 12.135]

 

Claims Against Public/Gov. Entities (NOTE: some “Sovereign Immunity” Limitations May Apply) (OREGON)

Against State and Local Entities - Notice within 180 days (1 yr. if death), Suit within 2 yrs. [O.R.S. §30.275]

 

Comparative Negligence (OREGON)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [O.R.S. § 31.600]

Made Whole Doctrine (MWD) (OREGON)

There is no case law adopting MWD.  Statutory MWD has been adopted for PIP subrogation (and the statute was amended in 2015).

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (OREGON)

Recognized/applied.  Under ELD, for Plaintiff to recover for negligence causing purely economic loss, Plaintiff would have to show some source of duty outside the common law of negligence, such as a special relationship or status that imposed a duty on Defendant beyond the common-law negligence standard [Harris v. Suniga, 180 P.3d 12 (Or. 2008)]

However, strict liability of manufacturer is independent of contractual privity and extends to remote (but foreseeable) buyers/users within range of danger created by defective condition. If Plaintiff in a products liability action is able to trace damage to seller’s negligence, he may recover for economic losses of a kind that the seller should have been able to foresee. Where a defective axle assembly caused a pickup truck to leave the road and turn over, even though no person or other property was injured, damages to truck itself were recoverable under strict liability theory [Russell v. Ford Motor Co., 575 P.2d 1383 (Or. 1978)]

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (OREGON)

A complaint asserting a claim against a design professional that arises out of the provision of services within the course and scope of the activities for which the person is registered or licensed may not be filed unless Plaintiff’s attorney certifies that the attorney has consulted a design professional with similar credentials who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the design professional.  “Design Professional” means an architect, landscape architect, professional engineer or professional land surveyor. [O.R.S. §31.300]

Landlord/Tenant Subrogation (OREGON)

Subrogation allowed, “Sutton Rule” rejected [Koch v. Spann, 92 P.3d 146 (Or. App. 2004)]

Reimbursement of Deductible(s) (OREGON)

Auto - Pro rata (must include in subro demand).  Property - No law available.

 

 

MedPay and PIP (OREGON)

MedPay - No subrogation allowed and/or no such coverage available.

PIP - To be supplied.  A new bill was recently signed into law which makes substantial changes to Oregon’s PIP and UM/UIM statutes.  The new law will be effective 1/1/2016.

Liability of Parents (OREGON)

$7,500 for intentional or reckless acts [O.R.S. § 30.765]

Joint Liability (OREGON)

Several liability (Plaintiff can recover from each Defendant only that Defendant’s share of liability), except for environmental torts.  Also, the statute allows for reallocation of uncollectable judgments [O.R.S. § 31.610]

 

 

 

Independent Cause of Action for Evidence Spoliation (OREGON)

Oregon law does not and “would not” recognize a tort of intentional spoliation of evidence [Blincoe v. Western States Chiropractic College, 2007 WL 2071916 (D. Or. 2007) - unpublished decision)]

 

 

 

Conflicts of Law (OREGON)

Torts - If 2 states have substantial interests in having their law applied, court must determine which state’s law has the most significant relationship and then to apply that state’s law [Dabbs v. Silver Eagle Mfr. Co., Inc., 779 P.2d 1104 (Ore. App. 1989)].  Contracts - Court will consider whether Oregon or foreign state has the most significant relationship to the parties and their transaction, and whether one state’s interests are so important that court should not apply second state’s law, despite second state’s significant connection with the transaction [Stricklin v. Soued, 936 P.2d 398 (Ore. App. 1997)]