Proposed Oregon Personal Injury Law Would Remove Time Limits for Filing a Product Liability Lawsuit in the State!
A proposed Oregon personal injury law that would remove the statute of limitations, or time limits, for filing a product liability lawsuit in the state has got lawyers excited and left drug manufacturers quickly looking for a compromise.
The American Tort Reform Association was described in a recent Statesman Journal story as saying that Oregon is one of 19 states to currently put time limits on filing product liability lawsuits. This story also detailed the history of Oregon personal injury law on filing product liability lawsuits up to the current proposed legislation, House Bill 2909.
In 2003, Oregon product liability law was changed to allow residents to file lawsuits against manufacturers for personal injury or property damage within either two years of discovery or ten years of purchase. This current Oregon product liability law also allows people to sue manufacturers for wrongful deaths connected with defective products within either three years of discovery or 10 years of purchase.
Prior to these changes in 2003, Oregon product liability lawsuits were still bound by a 1977 law which stated that such suits could be filed no later than eight years after the product was purchased or consumed.
Drug manufacturers are naturally opposed to removing the statute of limitations for filing a product liability lawsuit in Oregon. Jim Gardner, a former lawmaker who now represents the Pharmaceutical Research and Manufacturers of America (PhaRMA), warned that such a bold measure could force some drug manufacturers to not sell their products in the state out of fear of having no protection from litigation.
Gardner further added that drug companies would be willing to bend on the current Oregon personal injury laws regarding filing a product liability lawsuit. He backed an amendment that would add four years to the current time limits for an Oregon product liability lawsuit and also mandate that these lawsuits be filed within 12 years of purchase or 14 years if involving personal injury, wrongful death or wrongful death.
The story also detailed how the state has already made exceptions to filing certain product liability lawsuits involving breast implants, asbestos and a birth-control device called the Dalkon Shield.
The House Judiciary Committee has yet to take any action on this proposal, which is called the statute of ultimate repose. Frequently visit and The Law and Lawyers Blog and of course Total Lawyers for the latest updates on this proposed Oregon product liability law and another piece of personal injury legislation that would deal with Vioxx lawsuits in the state.
And if you have any questions about the personal injury laws in your state for filing a product liability lawsuit, speak to a local personal injury lawyer as soon as possible. Simply fill out our free personal injury case evaluation form, and we'll help you arrange a free consultation with a local lawyer who can begin to look at your potential personal injury claim.
