Oregon Tort Reform laws determine how much time you have to file a mass tort claim, whether your state caps the damages you can recover, and how your own fault percentage affects your payout.
This Oregon tort reform guide covers every rule that matters if you are considering a mass tort lawsuit — statute of limitations deadlines, damage caps, comparative fault, and which major active lawsuits affect Oregon residents the most. Understanding Oregon tort reform before you talk to a lawyer helps you know what to expect.
Verified against Oregon statutes and official sources as of May 2026.
In This Oregon Tort Reform Guide:
Oregon Tort Reform Statute of Limitations
The statute of limitations is the deadline to file a lawsuit. Under Oregon tort reform rules, the time limit depends on the type of injury. Missing your deadline means you lose your right to sue entirely, regardless of how strong your case may be.
| Injury Type | Time Limit |
|---|---|
| Personal Injury | 2 years from date of injury (ORS 12.110(1)). |
| Wrongful Death | 3 years from the date the decedent’s underlying injury occurred, not necessarily the date of death (ORS 30.020). |
| Product Liability | 2 years from date of discovery of injury (ORS 30.905). |
| Medical Malpractice | 2 years from date injury was first discovered or should have been discovered (ORS 12.110(4)). |
Personal injury details: Discovery rule applies — clock starts when plaintiff discovers or should have discovered the injury. Minors: standard tolling applies. Government defendants: must file notice of claim within 180 days under Oregon Tort Claims Act (ORS 30.275); minors get up to 270 days.
Wrongful death details: Discovery rule applies. Government defendants: 2 years. Product liability wrongful death: governed by ORS 30.905 (2-year limit with 10-year repose).
Product liability details: Subject to 10-year statute of ultimate repose from first purchase for use or consumption. Exceptions exist for asbestos, sidesaddle fuel tanks, breast implants, and manufactured dwellings.
Medical malpractice details: Hard 5-year statute of repose from date of treatment, omission, or operation even if injury not yet discovered. Exception: fraud or intentional concealment may toll the 5-year repose period.
Discovery rule: YES — Oregon applies a discovery rule across personal injury, medical malpractice, and product liability claims. The statute of limitations begins when the plaintiff discovered or reasonably should have discovered the injury and its cause, not necessarily when the injury-causing event occurred (ORS 12.110).
Statute of repose: YES — Multiple: (1) Product liability: 10 years from first purchase for use or consumption (ORS 30.905), with exceptions for asbestos and other specific products. (2) Medical malpractice: 5 years from date of treatment (ORS 12.110(4)). (3) Construction: 10 years from substantial completion (ORS 12.135), reduced to 7 years for homeowner association claims effective January 1 2026 under HB 3746 (2025).
These Oregon tort reform deadlines apply to most mass tort claims. However, some MDLs have their own rules — for example, the Camp Lejeune Justice Act created a special two-year filing window.
Always verify your specific deadline with a licensed attorney, as Oregon tort reform statutes may have exceptions not listed here.
Oregon Tort Reform Damage Caps
Damage caps limit how much money you can recover in a lawsuit, even if a jury awards you more. Oregon tort reform damage cap rules affect mass tort settlements and verdicts directly.
Understanding these limits helps you set realistic expectations for potential compensation under Oregon tort reform law.
| Damage Type | Cap |
|---|---|
| Non-Economic (Pain & Suffering) | NO CAP for surviving plaintiffs — the 500000 statutory cap on noneconomic damages (ORS 31.710) was struck down as unconstitutional by the Oregon Supreme Court in Busch v. |
| Punitive Damages | NO CAP — Oregon has no statutory dollar cap on punitive damages (ORS 31.730). |
| Total Damages | NO CAP for private defendants. |
| Medical Malpractice | The 500000 noneconomic damages cap (ORS 31.710) was struck down for surviving plaintiffs by Busch v. |
Non-economic damages details: McInnis Waste Systems Inc. (2020) under Article I Section 10 of the Oregon Constitution. However, the 500000 cap STILL APPLIES to wrongful death claims. No cap on economic damages in any case.
Punitive damages details: However, 70 percent of any punitive damages award goes to the State of Oregon (Oregon DOJ) and only 30 percent goes to the plaintiff and attorneys (ORS 31.735). Punitive damages require clear and convincing evidence of malice or reckless and outrageous indifference. Not available against government defendants under OTCA.
Total damages details: Government defendants have caps under the Oregon Tort Claims Act: State of Oregon — 2637500 per single claimant and 5275100 per incident (FY2025-26, CPI-adjusted annually, ORS 30.271). Local government — 879200 per single claimant and 1758300 per incident (ORS 30.272). Property damage — 144200 single and 721000 multiple (ORS 30.273).
Medical malpractice cap details: McInnis (2020). No separate medical malpractice damage cap exists beyond the general tort rules. The 5-year statute of repose is the primary special restriction on medical malpractice claims.
Oregon tort reform caps can significantly reduce your recovery in a mass tort case. If Oregon caps non-economic damages, your pain and suffering award is limited regardless of injury severity.
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Some caps have been challenged as unconstitutional in Oregon courts — check with a local attorney for the current status of any Oregon tort reform cap.
Oregon Tort Reform Comparative Fault Rule
Comparative fault determines whether you can recover damages if you share some responsibility for your injuries. Under Oregon tort reform rules, defendants in mass tort cases often argue that the plaintiff contributed to their own harm (for example, by continuing to use a product after a recall).
Oregon follows a modified comparative fault (51% bar) system. You can recover damages as long as your fault does not reach 51% or more. If you are 50% at fault, you can still recover (reduced by 50%). If you are 51% or more at fault, you recover nothing. This is the most common system in the United States.
Oregon’s modified comparative negligence system works as follows: If the plaintiff is 30 percent at fault, their damages are reduced by 30 percent but they can still recover. If the plaintiff is 50 percent at fault, damages are reduced by 50 percent but recovery is still allowed. If the plaintiff is 51 percent or more at fault, recovery is completely barred — the plaintiff receives nothing. The plaintiff’s fault must be equal to or less than the combined fault of all defendants.
Joint and several liability: Several liability only — Oregon abolished joint and several liability in 1995 (ORS 31.610, originally ORS 18.485). Each defendant is liable only for their proportionate share of fault as determined by the jury. However, if a party’s share proves uncollectible, the court reallocates the uncollectible portion among remaining parties in proportion to their respective fault percentages.
Notable Oregon Mass Tort Verdicts & Settlements
(1) Lee v. Johnson and Johnson — Multnomah County, June 2024, 260 million verdict (60M compensatory plus 200M punitive), talcum powder mesothelioma case, largest reported mesothelioma verdict in Oregon history. (2) Long v. John Crane — Multnomah County, September 2025, 34.2 million, asbestos/mesothelioma from Swan Island shipyard exposure 1972-1985. (3) Medical malpractice intracranial bleeding case — Oregon, 2023, 4 million, neurologic deficits from undiagnosed subdural hematoma.
Note: Individual settlement and verdict amounts vary dramatically based on the specific facts of each case. These examples are provided for general context only and do not predict what you might recover.
Active Mass Tort Cases Affecting Oregon Residents
Several major active Multidistrict Litigation (MDL) cases have significant numbers of plaintiffs from Oregon:
GENERAL PARTICIPATION — Oregon plaintiffs participate in major federal MDLs including talcum powder/asbestos (significant given Portland-area shipyard and industrial exposure history), AFFF/PFAS (military installations in Oregon), opioids (Oregon had significant opioid crisis impact), and Roundup/glyphosate (agricultural use in Oregon). Oregon has been particularly active in asbestos/mesothelioma litigation due to historical shipyard and industrial operations in the Portland metropolitan area.
If you live in Oregon and were affected by any of these products or exposures, you may be eligible to file a claim. Oregon tort reform deadlines and damage caps still apply to your case, so check our individual MDL pages for specific eligibility criteria.
Oregon Tort Reform Legislation
(1) Busch v. McInnis Waste Systems Inc. (2020) — Oregon Supreme Court struck down the 500000 noneconomic damages cap for surviving plaintiffs as unconstitutional under Article I Section 10 of the Oregon Constitution. (2) HB 3746 (2025) — Signed July 24 2025, effective January 1 2026, shortened statute of repose for homeowner association tort actions from 10 years to 7 years.
(3) 1995 Tort Reform Act — Abolished joint and several liability, replaced with several liability (ORS 31.610). (4) 2024 Design Professional Indemnity Reform — Prohibited public bodies from requiring design professionals to defend against professional negligence claims arising from their own services. No broad tort reform omnibus legislation was passed in 2023-2025 sessions.
These Oregon tort reform laws directly affect how mass tort claims are filed, what damages you can recover, and how long you have to act.
Always verify the current status of any law with the Oregon State Bar Association or a licensed attorney.
Additional Oregon Tort Rules
(1) Punitive damages distribution: 70 percent of any punitive damages award goes to the State of Oregon DOJ, only 30 percent to plaintiff (ORS 31.735) — unique among US states. (2) Oregon Tort Claims Act notice requirement: 180-day notice of claim required before suing government entities (ORS 30.275), extended to 270 days for minors and incapacitated persons. (3) Wrongful death notice: 1 year for government defendants.
(4) Government tort liability caps are CPI-adjusted annually (current FY2025-26 amounts listed above). (5) Product liability exceptions from statute of repose for asbestos, sidesaddle fuel tanks, breast implants, and manufactured dwellings. (6) Construction statute of repose: clock starts when contractee accepts construction as fully complete in writing; absent written acceptance courts use the fully complete standard rather than mere occupancy.
Oregon Tort Reform Resources & Contacts
- Oregon State Bar Association: https://www.osbar.org
- Oregon Attorney General: https://www.doj.state.or.us
- Oregon Courts: https://www.courts.oregon.gov
- JPML (Federal MDL Data): jpml.uscourts.gov
- NCSL Tort Reform Tracker: ncsl.org
- Cornell LII — Tort Law: law.cornell.edu
This Oregon tort reform guide was last verified against official sources in May 2026. If you notice outdated information, please contact us.
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Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.