(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.

Terms Used In Oregon Statutes 30.907

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Statute: A law passed by a legislature.

(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 Oregon Revised Statutes.

(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]

 

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