Johnson v. Star MacHinery Company

In 1967 the Oregon legislature enacted a statute which, among other things, provided that “In no event shall any action for negligent injury to person or property of another be commenced more than 10 years from the date of the act or omission complained of.” (Oregon Laws 1967, ch 406, now ORS 12.115 (1)).

The majority holds that a products liability case involving a product that is “dangerously defective,” so as to provide a basis for strict liability under § 402A of the Restatement of Torts 2d (1965), is subject to the 10 year limitation provided by ORS 12.115 (1) as an “action for negligent…