Oregon Legislature Wrangles With Products Liability Cases

The Oregon Senate has made progress towards lengthening the statute of ultimate repose with regard to products liability cases. The "statute of ultimate repose" is the maximum time allowed by law within which to bring a lawsuit or litigate a claim against an alleged defective product manufacturer.

Setting such limits are tricky. A defective or dangerous product can sit dormant years and years without causing injury. Think of a dangerous weed-whacker that never gets used sitting in the back of the shed. However, years later the product can cause injury because of a defective design. Although the flaw was always present and presented a danger, the statute of ultimate repose can effectively deny an injured party the right to recover.

On the other hand, you have product manufacturers that would like to see some limitation placed upon their liability. Product lines change, improve, or are discontinued. They do not want to be potentially liable for a product that has not been produced for decades.

The Oregon Senate has passed a bill extending this limitation to 10 years from the date of purchase for a product, extending it from the current 8 years. The bill now goes to the House.

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