(2) The time for commencing an action may not be extended under subsection (1) of this section for more than five years, or for more than one year after the person attains 18 years of age, whichever occurs first.
(3) Subject to subsection (4) of this section, if a person is entitled to bring an action mentioned in ORS 12.010 to 12.050, 12.070 to 12.250 or 12.276, and at the time the cause of action accrues the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, the statute of limitation for commencing the action is tolled for so long as the person has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know.
(4) The time for commencing an action may not be extended under subsection (3) of this section for more than five years, or for more than one year after the person no longer has a disabling mental condition that bars the person from comprehending rights that the person is otherwise bound to know, whichever occurs first.
(5) If a child’s cause of action is tolled under subsection (1) of this section, a cause of action for recovery of damages for medical expenses incurred by a parent, guardian or conservator of the child is tolled for the same period of time as the child’s cause of action if the medical expenses resulted from the same wrongful conduct that is the basis of the child’s cause of action. [Amended by 1973 c.827 §4; 1979 c.246 §1; 1983 c.762 §9; 1997 c.339 §1; 2007 c.285 §1; 2015 c.510 §1]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 012 - Limitations of Actions and Suits
Section 12.010 - Time of commencing actions.
Section 12.020 - When action deemed begun.
Section 12.060 - Suit or action on land contracts; time when they cease to affect the property.
Section 12.070 - Action on judgment, decree or sealed instrument.
Section 12.080 - Action on certain contracts or liabilities.
Section 12.085 - Action against garnishee.
Section 12.100 - Action on official act or penalty.
Section 12.115 - Action for negligent injury to person or property.
Section 12.117 - Actions based on child abuse.
Section 12.120 - Action on escape; action for defamation.
Section 12.125 - Action arising under rental agreement.
Section 12.132 - Action arising out of real estate appraisal activity or appraisal review.
Section 12.137 - Action for loss of or damage to property arising from nuclear incident.
Section 12.155 - Effect of notice of advance payment on running of period of limitation.
Section 12.160 - Suspension for minors and persons who have disabling mental condition.
Section 12.190 - Effect of death on limitations.
Section 12.195 - Effect of attorney death on limitations.
Section 12.220 - Commencement of new action after involuntary dismissal.
Section 12.272 - Action based on pesticide application.
Section 12.276 - Action for death, injury or damage resulting from breast implants.
Section 12.278 - Action against manufacturer of certain pickup trucks.
Section 12.282 - Action against manufacturer of extendable equipment.
Section 12.410 - Definitions for ORS 12.410 to 12.480.
Section 12.430 - Claims based on law of other states; limitation period.
Section 12.440 - Application of statutes and rules governing conflict of laws.
Section 12.450 - When limitation period of another state not applicable.
Section 12.460 - Claims to which statutes apply.