How Long Do I Have to File an Oregon Personal Injury Lawsuit Against a Non-Resident of Oregon?
Time is often not on your side when it comes to personal injury claims in Oregon. The general rule is that you have two years from the date of your injury to file and serve a lawsuit on the defendant; i.e., the person whom you alleged caused your injury. This statute of limitations is a basic requirement for an Oregon court to exercise jurisdiction. In other words, if you file even one day past the two-year deadline, the court is required to dismiss your lawsuit.
Appeals Court Revives Burn Injury Premises Liability Case
Now there are some caveats and exceptions to Oregon’s two-year statute of limitations in personal injury cases. One such exception is for cases where the defendant is an Oregon resident who is out of the state and cannot be served. Under Oregon law, specifically ORS 12.150, the statute of limitations is temporarily suspended or “tolled” until the defendant returns to the state.
The Oregon Court of Appeals recently addressed a personal injury case where this was an issue. In Beaston v. Nickelson, the plaintiff was working at a property in St. Helens in Columbia County, Oregon. Specifically, the owner of a house, the defendant, hired the plaintiff to do some work on the property. While using a saw to cut metal, the sparks ignited gasoline on the ground, severely burning the plaintiff. According to the plaintiff, it was the property owner’s negligence that allowed the gasoline to be on the ground without the plaintiff’s knowledge.
The plaintiff’s burn injuries occurred sometime in February or March of 2020. But he waited until July 2022 to file his lawsuit. The defendant argued this was after the two-year statute of limitations expired. The plaintiff, however, said the tolling rule of ORS 12.150 applied since the defendant had been out of the state during the two-year period. The defendant replied that she was never a resident of Oregon and therefore ORS 12.150 did not apply to this case.
Before the trial court, the defendant presented evidence that she was, in fact, a resident of Washington State. For example, she had a Washington driver’s license. The plaintiff, however, offered evidence that the defendant, who inherited the St. Helens house from her father, had established Oregon residency by moving onto the property. The judge ultimately decided the defendant was “clearly a Washington resident” and granted the defendant’s motion to dismiss the case at summary judgment.
The Court of Appeals held that was a premature decision. Summary judgment is used only when there is no “genuine issue” of fact that requires trial. Here, the appellate court said the plaintiff presented enough evidence to put the defendant’s state of residency in question. It therefore held that the plaintiff’s lawsuit could proceed.
Contact a Portland Burn Injury Lawyer Today
Minor details can often make a difference in whether a victim receives fair compensation under Oregon law. That is why it is important to speak with an experienced Portland burn injury lawyer as soon as possible following an accident. Contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.
Source:
cdm17027.contentdm.oclc.org/digital/collection/p17027coll5/id/39996/rec/1
