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Negligence / Personal Injury
2 Years2 years with Discovery Rule.
Products Liability
SOL: 2 years with Discovery Rule
SOR: 8 years (but can equal 10 if plaintiff did not discover claim until year 8)
Wrongful Death
3 years with occurrence rule. 2 years for personal injury in wrongful death when brought by personal representative.
Medical Malpractice
2 years with Discovery Rule but, action must be commenced within 5 years of date of act unless delay is due to fraud, deceit, or misrepresentation, and then, action must be commenced within 2 years of when such is, or should have been, discovered.
Intentional Torts
2 Years2 years
Discovery Rule
Standard rule except see specific rules for medical malpractice and products liability.
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.
Charitable Immunity
Abolished
Comparative Negligence
Does not bar recovery unless plaintiff’s fault exceeds 50%.
Sovereign Immunity
Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and $500,000 for any number of claims arising out of a single occurrence.
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.
Consumer Fraud Complaint
Oregon Department of Justice, Financial Fraud Section
(503) 378-4320 (Salem)
(503) 229-5576 (toll-free in Portland)
(877) 877-9392 (toll-free in Oregon) |
