Understanding the 10-Year Statute of Repose for Product Liability in Oregon

When a defective product causes a serious injury, filing a lawsuit is often the only way to recover compensation for your medical bills and lost wages. However, Oregon law imposes extremely strict time limits on when you can sue a manufacturer. Many injured consumers in cities like Portland, Salem, and Eugene mistakenly believe they have plenty of time to file a claim, only to discover their case has been permanently blocked by the Statute of Repose.

Navigating the complex deadlines in Oregon requires a deep understanding of state statutes. The difference between a statute of limitations and a statute of repose can literally make or break your case. Because the rules involve complex calculations and strict exceptions, you should highly consider hiring a local attorney from our US Attorney Directory to evaluate your timeline before it is too late.

The Critical Difference: Statute of Limitations vs. Statute of Repose

In product liability law, there are two distinct legal clocks that run simultaneously. You must satisfy both deadlines to have a valid claim in Oregon courts, such as the Multnomah County Circuit Court, Portland or the Lane County Circuit Court, Eugene.

The 2-Year Statute of Limitations

Under Or. Rev. Stat. § 30.905(1), the statute of limitations for a product liability civil action is two years. This two-year clock starts ticking on the date you discover, or reasonably should have discovered, the personal injury or property damage and its causal relationship to the product. If a defective blender explodes and injures your hand today, you generally have exactly two years from today to file your lawsuit.

The 10-Year Statute of Repose

The statute of repose, found under Or. Rev. Stat. § 30.905(2), provides that a product liability civil action must be commenced before the later of 10 years from the date the product was first purchased for use or consumption under Or. Rev. Stat. § 30.905(2)(a), or the expiration of any statute of repose in the state where the product was manufactured or imported under Or. Rev. Stat. § 30.905(2)(b). Under this critical 'look-away' provision, affirmed by the Oregon Supreme Court in Miller v. Ford Motor Co., 363 Or. 105 (OR Supreme Court 2018), if the product was manufactured in a state with no statute of repose (or a longer repose period), Oregon's 10-year cutoff does not bar the claim. Otherwise, for products made locally or in states with equal or shorter repose laws, the 10-year deadline strictly applies.

How the 10-Year Rule Impacts Specific Cases in Oregon

The Statute of Repose has devastating consequences for specific industries and types of consumers in Oregon.

Industrial Machinery Older Than 10 Years

Factory workers and construction workers are the most frequent victims of the statute of repose. Industrial equipment, such as heavy presses, commercial saws, or forklifts, are built to last for decades. If a worker in an Oregon lumber mill is injured by a defective safety guard on a machine that the factory purchased 15 years ago, the manufacturer is immune from a product liability lawsuit. The worker's only remedy in this scenario is typically filing a workers' compensation claim through their employer, which does not cover pain and suffering.

Second-Hand and Used Goods Purchases

A common misconception is that buying a used product restarts the 10-year clock. It does not. Under Or. Rev. Stat. § 30.905(2)(a), the 10-year period begins on the date the product was first purchased for use or consumption by the original owner. If you buy a five-year-old used car from a dealership in Bend, the baseline liability clock has only five years remaining. If you are injured by a defect in that car six years later, your claim under Oregon's standard rule would be barred because the vehicle is 11 years old-unless the vehicle or defective component was manufactured in a state without a statute of repose pursuant to Or. Rev. Stat. § 30.905(2)(b).

Exceptions to the Repose Rule

Because the 10-year rule can be incredibly unfair in certain situations, the Oregon legislature created a few narrow exceptions to allow victims to seek justice.

Exceptions for Latent Diseases: Asbestos

Certain defective products cause illnesses that take decades to manifest. However, the Oregon legislature created a specific statutory exception under Or. Rev. Stat. § 30.907 that applies exclusively to asbestos-related diseases, such as mesothelioma or asbestosis. Under this statute, the 10-year statute of repose does not apply to asbestos claims. Instead, injured plaintiffs must commence their action within two years from the date they first discover, or reasonably should have discovered, the disease and its cause. Unlike asbestos, most other toxic exposures and latent injuries do not enjoy a general statutory exemption and remain subject to the standard repose rules.

How Tolling Works for Minors in Oregon

Tolling means legally pausing the clock. Under Or. Rev. Stat. § 12.160, if a person is under the age of 18 at the time of the injury, the statute of limitations is tolled (paused) for up to five years, or until they turn 19, whichever comes first. However, it is crucial to understand that while tolling pauses the 2-year statute of limitations, Oregon courts have ruled that it generally does not toll the 10-year statute of repose. The 10-year cutoff is a strict boundary that even minors usually cannot cross unless the legislature creates a specific statutory carve-out.

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