Oregon Law
Law as of Jan 1, 2026
Chapter contents
12.010Time of commencing actions 12.020When action deemed begun 12.030[Repealed by 1973 c.731 §2] 12.040Limitations of suits generally; land patent suits; defense of possession by equitable title; suit on new promise, fraud or mistake 12.050Action to recover real property 12.060Suit or action on land contracts; time when they cease to affect the property 12.070Action on judgment, decree or sealed instrument 12.080Action on certain contracts or liabilities 12.085Action against garnishee 12.090Accounts; accrual of cause of action 12.100Action on official act or penalty 12.110Actions for certain injuries to person not arising on contract; action for overtime or premium pay; action for professional malpractice; effect of fraud or deceit; action for injuries to person arising from nuclear incident 12.115Action for negligent injury to person or property 12.117Actions based on child abuse 12.118Action based on conduct that constitutes sexual assault of adult or conduct allowing, permitting or encouraging sexual assault of adult 12.120Action on escape; action for defamation 12.125Action arising under rental agreement 12.130Action for penalty 12.132Action arising out of real estate appraisal activity or appraisal review 12.133[1983 c.589 §2; repealed by 1999 c.130 §1] 12.135Action for damages from construction, alteration or repair of real property 12.137Action for loss of or damage to property arising from nuclear incident 12.140Actions not otherwise provided for 12.150Suspension of running of statute by absence or concealment 12.155Effect of notice of advance payment on running of period of limitation 12.160Suspension for minors and persons who have disabling mental condition 12.170Disability must exist when right of action accrues 12.180Coexisting disabilities must all be removed 12.190Effect of death on limitations 12.195Effect of attorney death on limitations 12.200Suspension by war as to noncitizen 12.210Suspension by injunction or prohibition of statute 12.220Commencement of new action after involuntary dismissal 12.230Acknowledgment or promise taking contract case out of statute; effect of payment 12.240Effect of payment after obligation becomes due 12.250Actions by state, county or public corporations 12.260[Repealed by 1987 c.536 §9] 12.270Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date 12.272Action based on pesticide application 12.274Action against trustee of express trust 12.276Action for death, injury or damage resulting from breast implants 12.278Action against manufacturer of certain pickup trucks 12.280Action based on practice of land surveying 12.282Action against manufacturer of extendable equipment 12.410Definitions for ORS 12.410 to 12.480 12.420Purpose 12.430Claims based on law of other states; limitation period 12.440Application of statutes and rules governing conflict of laws 12.450When limitation period of another state not applicable 12.460Claims to which statutes apply 12.470Severability 12.480Short title

Chapter 12 — Limitations of Actions and Suits

ORS 12.276 Action for death, injury or damage resulting from breast implants

(1)

Notwithstanding ORS 12.110 (1) or 30.020, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component 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:

(a)

The death or specific injury, disease or damage for which the plaintiff seeks recovery;

(b)

The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and

(c)

All other elements required to establish plaintiff’s claim for relief.

(2)

Except as provided in subsections (3) and (4) of this section, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 12.110 (1) or 12.115 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.

(3)

An action for death, injury or damage against a physician licensed pursuant to ORS chapter 677, or against a health care facility licensed under ORS chapter 441, resulting from breast implants containing silicone, silica or silicon as a component, remains subject to the limitations imposed by ORS 12.110 (4), 12.115, 30.020 and 30.075.

(4)

An action for death, injury or damage against a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component remains subject to the limitations imposed by ORS 12.110 (1), 12.115, 30.020 and 30.075 if:

(a)

The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and

(b)

The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.

(5)

For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:

(a)

The decedent;

(b)

The personal representative for the decedent; or

(c)

Any person for whose benefit the action could be brought.

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.