Individual States 

OREGON

ASSUMPTION OF RISK

Assumption of risk is not a defense and has been replaced with comparative fault. Or. Rev. Stat. §18.470 .

CAPS ON NONECONOMIC DAMAGES

Except for tort actions against public bodies the amount awarded for noneconomic damages shall not exceed $500,000. Or. Rev. Stat. §31.710 .

COLLATERAL SOURCE RULE

Oregon allows for the introduction of evidence of collateral source payments after trial, but prior to final judgment. Or. Rev. Stat. §18.580 .

COMPARATIVE FAULT

Oregon's comparative fault statutes apply in strict liability where a plaintiff's negligence will be proportionally reduced to his contributory negligence. However, a plaintiff cannot recover if his or her fault is greater than the combined fault of the defendant(s), third-party defendant(s), and any person with whom the plaintiff has settled. Or. Rev. Stat. §18.470 (1)-(2).

ECONOMIC LOSS

Mere economic loss unaccompanied by physical injury to property will not suffice for a product liability claim. However, a showing of physical injury to property allows a plaintiff to recover in a products liability action even though the only alleged damages are damages to the product itself. Bancorp Leasing & Fin. Corp. v. Augusta Aviation Corp., 813 F.2d 272 (9th Cir. 1987) (applying Oregon law); Russell v. Deere & Co., 61 P.3d 955 (Or. 2003) .

JOINT & SEVERAL LIABILITY

Under comparative negligence, any civil action arising out of bodily injury, death or property damage, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint. Or. Rev. Stat. §31.610 .

PUNITIVE DAMAGES

A party's initial pleading may not contain a claim for punitive damages. A party must amend the pleading to add a claim for punitive damages. Or. Rev. Stat. §31.725(1)-(2) .

In a product liability civil action, punitive damages shall not be recoverable unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others. Or. Rev. Stat. §30.925(1) and §31.730 .

OREGON

SPECIAL DEFENSES

It shall be a defense to a product liability civil action that an alteration or modification of a product occurred without consent or does not conform to manufacturer, distributor, seller or lessor instructions/specifications. Or. Rev. Stat. §30.915 .

It is an arguable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use. Or. Rev. Stat. §30.910 .

The seller is not liable when the product is delivered in a safe condition, and subsequent mishandling or other causes make it harmful at the time it is consumed. Seeborg v. General Motors Corp., 284 Or. 695 (1978) .

Misuse of a product is a defense that may bar recovery in product liability actions. Wilson v. B. F. Goodrich Co., 52 Ore. App. 139 (1980) .

STATUTES OF LIMITATION

Oregon's wrongful death statute provides that wrongful death actions must be brought within three years of discovering the injury that caused the decedent's death, but not later than three years after the death. Or. Rev. Stat. §30.020 .

Breach of Warranty actions must be commenced within four years. Or. Rev. Stat. §72.7250(2) .

In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of. (Applies to products liability and/or negligence, and does not serve as an extension for any period of limitation). Or. Rev. Stat. §12.115 .

A product liability civil action for personal injury or property damage must be commenced not later than the earlier of:
(a) Two years after the date on which the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant; or
(b) Ten years after the date on which the product was first purchased for use or consumption. Or. Rev. Stat. §30.905(2) .

STATUTES OF REPOSE

Except for Asbestos and Breast Implants, a product liability civil action may not be brought for any death, personal injury or property damage that is caused by a product and that occurs more than eight years after the date on which the product was first purchased for use. Or. Rev. Stat. §30.905(1) .

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.