What is the Property Damage Statute of Limitations in Oregon?

Comply with the Oregon statute of limitations, or you could lose your legal right to get compensation for your damaged or destroyed property.

By , J.D. · University of San Francisco School of Law

If you've had your property ("real" or personal) damaged as a result of someone else's negligent or intentional action in Oregon, you could be considering bringing a civil lawsuit over what happened. If so, it's important to understand the Oregon statute of limitations as it applies to property damage claims.

The "Statute of Limitations" Defined

For readers unfamiliar with the term, a "statute of limitations" is a law that affects a potential plaintiff's right to file a lawsuit, by putting a strict limit on how much time can pass before they must get the case started in court. Every state has these laws on the books, with different time limits depending on the kind of case being filed.

Let's look at the property damage lawsuit filing deadline in Oregon, the consequences of missing the deadline, and the (rare) situations in which the time limit might be extended.

What's the Oregon Filing Deadline for Property Damage Lawsuits

In Oregon, a property damage lawsuit must be filed within six years, according to Oregon Revised Statutes section 12.080, which sets this time limit for:

  • "An action for waste or trespass upon or for interference with or injury to any interest of another in real property" (translation: damage to a home, building, or other land) and
  • "An action for taking, detaining or injuring personal property" (meaning damage to a vehicle, tools, jewelry, and any other kinds of personal property).

In both situations, the statute of limitations "clock" usually starts ticking as soon as the property owner becomes aware (or should have become aware) of the damage and its cause.

Learn more about how property damage claims work.

What If I Miss the Lawsuit Deadline In Oregon?

If you try to file your Oregon property damage lawsuit after the six-year time window has closed, you can count on:

  • the defendant (the person you're trying to sue) asking the court to throw out the case, by making a motion to dismiss the lawsuit based on the fact that you missed the statutory filing deadline, and
  • the court granting the dismissal, unless rare circumstances apply to make an extension or recalibration of the deadline appropriate (more on these later).

If your lawsuit is dismissed, you've essentially lost your right to any legal remedy for your damaged property. That's why it's crucial to pay attention to—and make sure you comply with—the Oregon statute of limitations as it applies to property damage claims.

Extending the Lawsuit Filing Deadline in Oregon

For most kinds of civil lawsuits in Oregon—including property damage claims—a number of situations could effectively extend the six-year lawsuit filing deadline as laid out in the statute of limitations. Let's look at a few common examples.

When the Property Owner Is Under a "Legal Disability"

If, at the time the property damage occurs, the property owner is under the age of 18 or is subject to a disabling mental condition, they'll have extra time to bring the property damage lawsuit once this period of "legal disability" ends (meaning once they turn 18 or are declared competent), according to Oregon Revised Statutes section 12.160. But the filing period won't be extended for more than five years, or for more than one year after the disability ends, whichever comes first.

The Defendant's Absence From or Concealment In the State

If the person who caused the property damage leaves the state of Oregon before they can be served with the lawsuit, or if they take steps to conceal themselves within the state, the time of the absence or concealment probably won't be counted as part of the six-year filing period (the "clock" pauses during this time, in other words. (Oregon Revised Statutes section 12.150.)

Other circumstances may affect the Oregon statute of limitations, and how it's calculated. Do some research on your own, or talk to a local attorney for more details.

Where Do I File an Oregon Property Damage Lawsuit?

Many Oregon property damage lawsuits are filed in one of the state's circuit courts, which have the power to hear most civil cases. Circuit courts can be found in each of Oregon's 36 counties, which are grouped into 27 judicial districts across the state. Learn more about the Oregon Judicial Department and How to File a Case (from courts.oregon.gov). Chances are you'll file your property damage lawsuit in the county where the person you're suing lives, or where your property is (or was) located.

Can I File a Property Damage Lawsuit In Oregon Small Claims Court?

Yes. Small claims court is an option for your Oregon property damage case, as long as you're not seeking more than $10,000 in compensation. Learn more about filing a small claims case in Oregon.

Do I Need a Lawyer for a Property Damage Claim?

If there's insurance coverage that applies to your property damage claim, handling the claim process on your own might make sense, at least at the outset. It can be tough to find an attorney for cases that involve only property damage. And paying for a lawyer might not even be worth it unless your losses are significant.

But an Oregon lawyer's help might be crucial if your case also involves personal injury or some other legal issue. Where the at-fault party's personal injury and property damage liability overlap, a lawyer might also agree to take your case on a contingency fee basis, meaning you won't pay for the lawyer's services unless you receive a settlement or court award. Get tips on finding the right lawyer for you and your case.

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