Oregon's SOUR Law at this time is preventing the teachers injured in Lake Oswego from seeking damages from the manufacturer. The time limits it places on product liability are not realistic in this case. We are working to change the law so that in the future injured parties may have some legal recourse. It should be noted that many states do not have a SOUR law ( Statute of ultimate repose) and in several states it has been ruled unconstitutional. The list of states and their SOUR Law standings is listed at the bottom of this page.

Here are the relevant sections of the ORS.

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PRODUCT LIABILITY ACTIONS
      30.900 "Product liability civil action" defined. As used in ORS 30.900 to 30.920, "product liability civil action" means a civil action brought against a manufacturer, distributor, seller or lessor of a product for damages for personal injury, death or property damage arising out of:
      (1) Any design, inspection, testing, manufacturing or other defect in a product;
      (2) Any failure to warn regarding a product; or
      (3) Any failure to properly instruct in the use of a product. [1977 c.843 §1]
 
      30.905 Time limitation for commencement of action. (1) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product liability civil action may not be brought for any death, personal injury or property damage that is caused by a product and that occurs more than eight years after the date on which the product was first purchased for use or consumption.
      (2) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product liability civil action for personal injury or property damage must be commenced not later than the earlier of:
      (a) Two years after the date on which the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant; or
      (b) Ten years after the date on which the product was first purchased for use or consumption.
      (3) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product liability civil action for death must be commenced not later than the earlier of:
      (a) The limitation provided by ORS 30.020; or
      (b) Ten years after the date on which the product was first purchased for use or consumption. [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1]

      30.920 When seller or lessor of product liable; effect of liability rule. (1) One who sells or leases any product in a defective condition unreasonably dangerous to the user or consumer or to the property of the user or consumer is subject to liability for physical harm or damage to property caused by that condition, if:
      (a) The seller or lessor is engaged in the business of selling or leasing such a product; and
      (b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.
      (2) The rule stated in subsection (1) of this section shall apply, even though:
      (a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and
      (b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.
      (3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.
      (4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]

 

In forty states, the teachers burned by the metal halide bulb would not be prevented from bringing a lawsuit against the manufacturer of the defective product.  Only ten states, including Oregon, have a statute of ultimate repose (SOUR) law that prevents such a claim.

STATE                   HAS SOUR?    NOTES

Alabama	No	SOUR ruled unconstitutional
Alaska	No*	*AK has SOUR for some claims, but not on defective products
Arizona	No	SOUR ruled unconstitutional
Arkansas	No
California	No
Colorado	Yes*	*SOUR does not apply to hidden defects
Connecticut	No
Delaware	No
Florida	Yes	12 years
Georgia	Yes	10 years
Hawaii	No
Idaho	No*	*Useful life of product
Illinois	Yes	12 or 10 years, depending on circumstances
Indiana	Yes	10 years
Iowa	No
Kansas	No*	*Useful life of product
Kentucky	No*	*Rebuttable presumption that product is not defective 5 years after sale.
Louisiana	No
Maine	No
Maryland	No
Massachusetts	No
Michigan	No
Minnesota	No
Mississippi	No
Missouri	No
Montana	No
Nebraska	*Yes	*10 year SOUR applies to products made in Neb.  Law of state where produced applies if repose period is longer.
Nevada	No
New Hampshire	No	SOUR ruled unconstitutional
New Jersey	No
New Mexico	No
New York	No
North Carolina	Yes	6 years
North Dakota	No	SOUR ruled unconstitutional
Ohio	No
Oklahoma	No	SOUR ruled unconstitutional (had applied to property claims.)
Oregon	Yes	8 years  (ORS 30.905)
Pennsylvania	No
Rhode Island	No	SOUR ruled unconstitutional
South Carolina	No
South Dakota	No	SOUR ruled unconstitutional
Tennessee	Yes	10 years
Texas	Yes	15 years
Utah	No	SOUR ruled unconstitutional
Vermont	No
Virginia	No
Washington	No*	*Useful life of product
Washington, DC	No
West Virginia	No
Wisconsin	No
Wyoming	No