Oregon Statute of Limitations for Civil Cases
Oregon Statutes of Limitations: A Comprehensive Guide for Civil Cases
Statutes of limitations establish mandatory deadlines for filing civil lawsuits in Oregon. Missing these deadlines typically results in dismissal of your claim, regardless of its merits. Understanding the specific time periods, triggering events, and available tolling exceptions is essential for any litigant or attorney practicing in Oregon.
Core Statute of Limitations Periods
Personal Injury
Time Period: 2 years
Statute Citation: ORS 12.110
When the Clock Starts: The statute of limitations begins running when the injury occurs, not when the plaintiff discovers it—unless the discovery rule applies (discussed below). For example, if you slip and fall on October 1, 2022, you have until October 1, 2024, to file suit, even if you didn't realize you had an injury until weeks later.
Key Exception: The discovery rule may delay accrual for latent injuries that could not have been discovered through reasonable diligence.
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Breach of Written Contract
Time Period: 6 years
Statute Citation: ORS 12.080
When the Clock Starts: The statute begins running when the breach occurs—typically when one party fails to perform an obligation under the written contract. For installment contracts, each breach may trigger a new limitations period, though this is subject to interpretation based on the contract's nature.
Practical Note: Written contracts receive longer protection than oral contracts in Oregon, reflecting the legislature's policy that documented agreements deserve greater enforceability over time.
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Breach of Oral Contract
Time Period: 2 years
Statute Citation: ORS 12.120
When the Clock Starts: The clock begins running when the breach occurs. Because oral contracts are harder to prove and more prone to dispute, Oregon imposes a shorter limitation period than for written contracts.
Common Pitfall: Many litigants assume an oral contract has the same 6-year period as written contracts. This error often results in missed deadlines. If your contract was never reduced to writing, the 2-year clock applies.
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Fraud
Time Period: 2 years (but see the discovery rule below)
Statute Citation: ORS 12.120
When the Clock Starts: Fraud cases typically use the discovery rule. The statute begins running when the plaintiff discovered or reasonably should have discovered the fraud through reasonable diligence—not when the fraudulent misrepresentation occurred. This is a critical distinction that can dramatically extend the filing deadline.
Discovery Rule Application: Under Parrino v. FHP, Inc., 146 Ore. App. 329 (1996), a plaintiff does not need to discover every element of fraud; discovery of the facts that would cause a reasonable person to investigate constitutes discovery for limitations purposes.
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Property Damage
Time Period: 2 years
Statute Citation: ORS 12.110
When the Clock Starts: The statute runs from the date of the injury to property. Unlike personal injury claims, most property damage claims do not benefit from the discovery rule—the damage is typically immediately apparent.
Exception: Latent defects discovered long after the damage occurs may benefit from discovery rule protection in limited circumstances.
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Medical Malpractice
Time Period: 2 years from discovery (with a repose period)
Statute Citation: ORS 12.110 (combined with ORS 677.097)
When the Clock Starts: Medical malpractice claims must be filed within 2 years of when the plaintiff discovered or reasonably should have discovered the malpractice through reasonable diligence. However, no claim may be brought more than 5 years after the act or omission that caused the injury, except in cases of fraud, concealment, or retention of a foreign object inside the patient's body.
Repose Period (Hard Deadline): ORS 677.097 imposes an absolute 5-year repose period from the date of the negligent act. This means even if you don't discover the malpractice until year 4, you must file by year 5. The only exceptions are:
Example: If a surgeon operates negligently on January 1, 2020, but you don't discover the injury until December 15, 2024, you can still file suit because you're within 2 years of discovery (the discovery rule applies). However, if you don't discover it until January 2, 2026, you are barred—the 5-year repose period has expired.
Practical Importance: Medical malpractice claims are frequently subject to Oregon's discovery rule, making them more forgiving than some other claims. However, the 5-year repose period creates an absolute ceiling that cannot be extended.
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Wrongful Death
Time Period: 3 years
Statute Citation: ORS 30.020
When the Clock Starts: The statute begins running from the date of death. Unlike personal injury claims, wrongful death does not typically benefit from the discovery rule—the death is an obvious event.
Standing: Wrongful death claims must be brought by the personal representative of the decedent's estate, surviving spouse, children, or parents, depending on who survives (ORS 30.025).
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Defamation, Libel, and Slander
Time Period: 1 year
Statute Citation: ORS 12.120
When the Clock Starts: The statute begins running from the date of publication or utterance of the defamatory statement. This is one of Oregon's shortest limitations periods, reflecting the state's approach to protecting reputational claims while preventing indefinite exposure to liability.
Important Note: Private figure plaintiffs pursuing defamation claims against media defendants must still prove the defendant was negligent regarding the truth of the statement, even within the 1-year window.
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Trespass
Time Period: 2 years (for recovery of personal property) or 6 years (for recovery of real property)
Statute Citation: ORS 12.080 (real property); ORS 12.110 (personal property)
When the Clock Starts: For personal property, the clock begins when the trespass occurs. For real property trespass (including ejectment actions), the limitation period is 6 years under the real property recovery statute.
Distinction: If someone takes your physical possessions from you without consent (personal property trespass), you have 2 years. If someone wrongfully occupies land you own, you have up to 6 years to bring ejectment.
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Debt Collection and Promissory Notes
Time Period: 6 years (written), 2 years (oral)
Statute Citation: ORS 12.080 (written); ORS 12.120 (oral)
When the Clock Starts: For written promissory notes and written agreements to pay debt, the 6-year period runs from the date the debt is due or from the date of the last payment acknowledging the debt. For oral debt obligations, the 2-year period applies from the same triggering date.
Payment Acknowledgment: A written payment of principal or interest on a debt restarts the limitations period. Oregon recognizes the doctrine of "revival of judgment debt" through partial payment, which can restart the clock.
Collection Agency Actions: Debt collectors filing suit in Oregon must ensure the claim falls within the applicable statute of limitations. Bringing a claim after the deadline has expired may constitute violation of the Fair Debt Collection Practices Act (FDCPA).
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The Discovery Rule: Delayed Accrual
Oregon recognizes the discovery rule for certain claims where injury is latent and not immediately apparent. Under this rule, the statute of limitations does not begin running until the plaintiff discovered or reasonably should have discovered the injury through reasonable diligence.
Key Test: The question is not whether the plaintiff actually knew about the injury, but whether a reasonably diligent person in the plaintiff's circumstances would have discovered it.
Claims Benefiting from Discovery Rule:
Claims NOT Benefiting from Discovery Rule:
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Tolling Provisions: Extending Deadlines
Even when a statute of limitations period has begun, Oregon law provides several tolling mechanisms that pause or extend the deadline:
Minority
Statute Citation: ORS 12.010
If the plaintiff is a minor at the time the cause of action accrues, the statute of limitations does not begin running until the plaintiff reaches age 18. A parent or guardian must file on the minor's behalf within the applicable limitations period after the minor turns 18.
Example: A 10-year-old is injured in a car accident on January 1, 2020. The standard 2-year personal injury limitations period does not begin. Instead, it begins on January 1, 2028 (when the child turns 18), giving the now-adult plaintiff until January 1, 2030, to file suit.
Mental Incapacity
Statute Citation: ORS 12.010
If the plaintiff is mentally ill or of unsound mind when the cause of action accrues and remains so, the statute of limitations is tolled until the person becomes mentally competent. A guardian must file suit within the applicable period after the plaintiff regains competency.
Absence from the State
Statute Citation: ORS 12.020
If the defendant is absent from Oregon, the statute of limitations is suspended while the defendant remains out of state. The period during which the defendant was absent does not count against the limitations period.
Modern Application: This statute has limited application in our age of national jurisdictional reach, but it still applies when a defendant genuinely leaves the state and cannot be sued in Oregon.
Military Service
Oregon does not have a specific military service tolling statute, but federal law controls: the Servicemembers Civil Relief Act (50 U.S.C. § 3953) tolls statutes of limitations for service members on active duty. The tolling period is the period of service plus 180 days.
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Critical Practical Advice
Calculating Deadlines Accurately
Statutes of limitations are calculated in years, not days. Courts count by the anniversary date of the triggering event. If you are injured on July 15, 2022, in a personal injury case, the 2-year deadline is July 15, 2024—not "730 days" from the injury date.
Filing Within the Deadline
The deadline is absolute. A complaint filed on the last day by 11:59 p.m. is timely; one filed the next morning is barred. To avoid ambiguity:
What Happens After the Deadline
If you miss the statute of limitations deadline:
1. Dismissal: The defendant may move to dismiss under ORCP 21(b) for failure to state a claim. Courts typically grant such motions as a matter of law.
2. No Tolling Backwards: Once the deadline passes, no exception can revive the claim (absent fraud, concealment, or other rare exceptions).
3. Malpractice Liability: An attorney who misses the deadline may face legal malpractice claims from the client.
Relation Back (Limited Exception)
Under ORCP 15(c), an amended complaint adding a defendant relates back to the original complaint filing if:
However, relation back does not revive a claim that is already barred by the statute of limitations.
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Oregon-Specific Considerations
Collateral Estoppel and Res Judicata
Oregon respects prior judgments. Even if a statute of limitations period is ongoing, a judgment in a prior related case may bar relitigation under res judicata or collateral estoppel.
Judgment Debts
A judgment becomes a lien on the defendant's property and itself has a 10-year judgment lien period under ORS 18.402. This is separate from the original statute of limitations.
Repose Periods (Hard Deadlines)
Unlike tolling, which pauses the clock, a repose period is an absolute deadline beyond which no suit may be filed, regardless of circumstances. Medical malpractice (5 years) is the primary example. Some construction defect claims also have repose periods.
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