Title 12 · ORS Chapter 12
634.172, files the report required by ORS 634.172 and mails or personally delivers true copies of that report to: ����� (a) The landowner or pesticide operator who is allegedly responsible for the lo
Citation: ORS 634.172
Section: 634.172
634.172, files the report required by ORS 634.172 and mails or personally delivers true copies of that report to:
����� (a) The landowner or pesticide operator who is allegedly responsible for the loss; and
����� (b) The person for whom the pesticide was applied if that person is not the person commencing the action.
����� (2) For the purposes of this section:
����� (a) �Landowner� includes any person, firm, corporation, the state, any county within the state, or municipality, shown by records of the county to be the owner of land or having such land under contract for purchase.
����� (b) �Pesticide operator� has the meaning given in ORS 634.006. [1991 c.351 �3; 1995 c.96 �1]
����� 12.274 Action against trustee of express trust. Notwithstanding any other provision of this chapter, an action against the trustee of an express trust, whether in contract, tort or otherwise, arising from any act or omission of the trustee constituting a breach of duty shall be commenced within six years from the date the act or omission is discovered or in the exercise of reasonable diligence should have been discovered. However, no such action shall be commenced more than 10 years from the date of the act or omission complained of, or two years from the termination of any fiduciary account established under the trust, whichever date is later. [1991 c.968 �4]
����� 12.276 Action for death, injury or damage resulting from breast implants. (1) Notwithstanding ORS 12.110 (1) or 30.020, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:
����� (a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;
����� (b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and
����� (c) All other elements required to establish plaintiff�s claim for relief.
����� (2) Except as provided in subsections (3) and (4) of this section, an action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 12.110 (1) or 12.115 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
����� (3) An action for death, injury or damage against a physician licensed pursuant to ORS chapter 677, or against a health care facility licensed under ORS chapter 441, resulting from breast implants containing silicone, silica or silicon as a component, remains subject to the limitations imposed by ORS 12.110 (4),