PRODUCTS LIABILITY / §62.1
the claimant alleges that the loss occurred from damage to growing crops, the claimant must file the report of loss before 50% of the crop is harvested. ORS 634.172(1); see also ORS 12.272 (requires report to be mailed or delivered to landowner, person for whom pesticide was applied, or pesticide operator). B.
II.
To preserve a claim arising out of the use or application of pesticides by a government agency, a claimant may file the report of loss within the time noted above, and may mail or deliver a true copy of the report to the responsible government agency within the time noted above. ORS 634.172(2). But see ORS 12.272 (requires report to be mailed or delivered to landowner or pesticide operator and person for whom pesticide was applied).
(§61.2)
Records
A pesticide operator must prepare and maintain records of forms approved by the Oregon Department of Agriculture for at least three years from the date that the pesticide is applied. ORS 634.146(2). On the request of a field crop owner, the pesticide operator must provide a written statement describing the pesticide used and its application to the field crop within 40 days after applying the pesticides. ORS 634.146(3). III.
(§61.3)
References
See CONTINUING TORT; see generally REAL ESTATE DISPUTES ch 9 (Oregon CLE 1993 & Supp 2002). PRODUCTS LIABILITY I.
(§62.1) A.
A products liability action must be commenced not later than two years after the date on which the death, injury, or damage complained of occurred. ORS 30.905(2); Gladhart v. Oregon Vineyard Supply Co., 332 Or 226, 26 P3d 817 (2001). •
B.
Generally
EDITOR’S NOTE: At the time of publication of this handbook, an amendment to ORS 30.905 (HB 2080) was pending in the legislature. The amendment may have an impact on the time limitation for product liability claims and/or on the statute of ultimate repose for products liability claims. Readers should check the status of this proposed 2003 legislation.
An action resulting from asbestos-related disease must be commenced within 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 of the disease. ORS 30.907. 119