Oregon Revised Statutes
A parent having custody of a child of the parent may maintain an action for the injury of the child. A parent may recover damages for the death of a child of the parent only under ORS 30.020.
When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit th…
When damages for wrongful death are accepted or recovered in an action filed under ORS 30.020, the damages must be placed in the lawyer trust account for an attorney representing the personal representative in the estate or in the wrongful death claim or, upon order of the court, in an account subject to withdrawal only on order of the court, before being di…
Upon settlement of a claim, or recovery of judgment in an action, for damages for wrongful death, by the personal representative of a decedent under ORS 30.020, the amount of damages so accepted or recovered shall be distributed in the manner prescribed in this section. The personal representative shall make payment or reimbursement for costs, expenses and …
Except when all beneficiaries otherwise agree, if settlement, with or without action, is effected and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (2)(d) shall be apportioned by the probate court to each beneficiary in accordance with the beneficiary’s loss.
Except when all beneficiaries otherwise agree, if the action described in ORS 30.020 is brought, and a judgment for the plaintiff is given, and there is more than one beneficiary, the amount to be distributed to each beneficiary as recovery for loss described in ORS 30.020 (2)(d) shall be apportioned by the trial court to each beneficiary in accordance with …
In the case of an order of distribution under ORS 30.030 (5) or an order of apportionment made under either ORS 30.040 or 30.050, any individual who in the probate court or trial court claims to be a beneficiary may appeal therefrom, or from any part thereof, to the Court of Appeals, within the time, in the manner and with like effect as though such order wa…
Notwithstanding ORS 30.020, any damages distributable under ORS 30.030 to 30.060 to a parent or stepparent shall pass and be vested as if the parent or stepparent had predeceased the decedent if: The person who would be benefited by the forfeiture is a child or sibling of the decedent, the decedent was an adult when the decedent died and: The parent or ste…
A petition may be filed in probate proceedings to assert that the interest in damages distributable to a parent or stepparent under ORS 30.030 to 30.060 is subject to forfeiture under ORS 30.063. A petition may be filed under this section only by a person who would be benefited by a forfeiture of the parent’s or stepparent’s distribution. A petition under t…
The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of the class described in ORS 30.030, whether the claim is reduced to judgment or not, and to execute such releases and other instruments as may be necessary to satisfy and discharge the claim. The party paying …
Causes of action arising out of injuries to a person, caused by the wrongful act or omission of another, shall not abate upon the death of the injured person, and the personal representatives of the decedent may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an inju…
Claims for relief arising out of injury to or death of a person, caused by the wrongful act or negligence of another, shall not abate upon the death of the wrongdoer, and the injured person or the personal representatives of the one meeting death, as above stated, shall have a claim for relief against the personal representatives of the wrongdoer as if the w…
If no probate of the estate of the wrongdoer has been instituted within 60 days from the death of the wrongdoer, the court, upon motion of the injured person, or of the personal representatives of one meeting death, as stated in ORS 30.080, shall appoint an administrator of the estate of the wrongdoer.
In the event of the death of a wrongdoer, as designated in ORS 30.080, while an action is pending, the court, upon motion of the plaintiff, shall cause to be substituted as defendant the personal representative of the wrongdoer, and the action shall continue against such personal representative.
ACTIONS BY GUEST PASSENGERS
No person transported by the owner or operator of an aircraft or a watercraft as a guest without payment for such transportation, shall have a cause of action for damages against the owner or operator for injury, death or loss, in case of accident, unless the accident was intentional on the part of the owner or operator or caused by the gross negligence or i…
ORS 30.115 shall not relieve a public carrier by aircraft, or any owner or operator of aircraft while the same is being demonstrated to a prospective purchaser, of responsibility for any injuries sustained by a passenger. LIABILITY OF CERTAIN PERSONS PROVIDING MOTOR VEHICLES
Subject to the provisions of this section, a person that lends, rents, donates use of, makes available for test drive or otherwise provides a motor vehicle, as defined in ORS 801.360, to another person is not liable for any injury, death or damage that arises out of the use of that motor vehicle by the other person, unless the person providing the motor vehi…
As used in this section and ORS 30.138, “servicemember” has the meaning given that term in 50 U.S.C. 3911 as in effect on May 8, 2009. An action brought by a servicemember to enforce a right or remedy under 50 U.S.C. 3901 et seq. is not subject to court-ordered arbitration under ORS 36.400 to 36.425 unless the parties to the action stipulate in writing to a…
In addition to any other remedy payable to a servicemember for the enforcement of a right under 50 U.S.C. 3901 et seq., a court shall award a servicemember reasonable attorney fees and the amounts specified in subsection (2) of this section if the court finds that written demand as described in subsection (3) of this section was mailed to the opposing party …
As used in this section: “Architectural, engineering, photogrammetric mapping, transportation planning or land surveying services” has the meaning given that term in ORS 279C.100. “Construction agreement” means any written agreement for the planning, design, construction, alteration, repair, improvement or maintenance of any building, highway, road excavat…
Except as provided in this section, a provision in a construction agreement is void to the extent that the provision requires a party or the party’s surety or insurer to waive a right of subrogation, indemnity or contribution for amounts paid by reason of death or bodily injury, or damage to property, caused in whole or in part by the negligence of another p…
ACTIONS AGAINST FORMER EMPLOYER FOR DISCLOSURE OF INFORMATION
An employer who discloses information about a former employee’s job performance to a prospective employer of the former employee upon request of the prospective employer or of the former employee is presumed to be acting in good faith and, unless lack of good faith is shown by a preponderance of the evidence, is immune from civil liability for such disclosur…
As used in ORS 30.180 to 30.186: “Customer” means the person in whose name a utility service is provided. “Divert” means to change the intended course or path of the utility service without the authorization or consent of the utility. “Person” means any individual, partnership, firm, association, corporation or government agency. “Reconnection” means the…
A utility may bring a civil action for damages against any person who knowingly and willfully commits, authorizes, solicits, aids, abets or attempts to: Divert, or cause to be diverted, utility services by any means whatsoever; Make, or cause to be made, any connection or reconnection with property owned or used by the utility to provide utility service wi…
In any civil action brought under this section, the utility shall recover from the defendant the greater of actual damages, if any, or $100. Actual damages include the costs incurred on account of the bypassing, tampering or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection and service c…
The remedies provided in ORS 30.180 to 30.186 are in addition to, and not in lieu of, any and all other remedies, both civil and criminal, provided by law.
ACTIONS ARISING OUT OF PROVISION OF CABLE SERVICES
As used in ORS 30.192 to 30.196: “Cable operator” means a person who: Lawfully provides cable service over a cable system in which the person, directly or through one or more affiliates, owns a significant interest; or Lawfully controls or is responsible for the management and operation of a cable system through an arrangement. “Cable service” means: On…
A person shall not knowingly: Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or other means without authorization or with the intent to deprive the cable operator of lawful compensation for services rendered; Make or maintain, without authorization from or payment to a cable operator, a c…
A cable operator may bring a civil action for damages against any person who violates any provision of ORS 30.194. A cable operator who alleges a violation of ORS 30.194 may file for injunctive relief in the circuit court for the county where the alleged violation occurred or is occurring. A cable operator who files an action under this section is not requ…
In addition to any other penalty provided by law, a cable operator who prevails on a claim under ORS 30.195 may recover the amount of $3,000. A court may increase an award under subsection (1) of this section to an amount not to exceed $50,000 if the court determines that the violation was committed for purposes of commercial advantage. As used in this sub…
Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS 166.155 or 166.165 shall have a civil action to secure an injunction, damages or other appropriate relief against any person whose actions are unlawful under ORS 166.155 and 166.165. Upon prevailing in such action, the plaintiff may recover: Both specia…
If any district attorney has reasonable cause to believe that any person is engaged in violation of ORS 166.155 or 166.165, the district attorney may bring a civil claim for relief in the appropriate court, setting forth facts pertaining to such violation, and request such relief as may be necessary to restrain or prevent such violation. Any claim for relief…
The official undertaking or other security of a public officer to the state, or to any county, city or other public corporation of like character therein, is a security to the state, county, city or public corporation, as the case may be, and also, to all persons severally for the official delinquencies against which it is intended to provide.
When a public officer by official misconduct or neglect of duty forfeits an official undertaking or other security of the public officer, or renders the sureties of the public officer liable thereon, any person injured by the misconduct or neglect, or who is by law entitled to the benefit of the security, may maintain an action thereon in the name of the per…
Before an action can be commenced by a plaintiff other than the state, or the public corporation named in the undertaking or security, leave shall be obtained of the court or judge thereof where the action is triable. Such leave shall be granted upon the production of a certified copy of the undertaking or security, and an affidavit of the plaintiff or some …
A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same undertaking or security for another delinquency.
In an action upon an official undertaking or security, if judgments have already been recovered on the same undertaking or security against the surety therein, other than by confession, and if such recovery is established on the trial, judgment shall not be given against the surety for an amount exceeding the difference between the amount of the penalty and …
As used in ORS 30.260 to 30.300, unless the context requires otherwise: “Department” means the Oregon Department of Administrative Services. “Director” means the Director of the Oregon Department of Administrative Services. “Governing body” means the group or officer in which the controlling authority of any public body is vested. “Public body” means: A…
A private, nonprofit organization described under ORS 30.260 (4)(d) is subject to ORS 30.260 to 30.300 only for the purposes of providing public transportation services. Note: 30.261 was added to and made a part of 30.260 to 30.300 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further expla…
The following facilities and training homes are public bodies for the purposes of ORS 30.260 to 30.300: A nonprofit residential training facility as defined in ORS 443.400, nonprofit residential training home as defined in ORS 443.400 or nonprofit facility as defined in ORS 427.005, organized and existing under ORS chapter 65, that receives more than 50 per…
Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS…
For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation, that are provided on the Oregon Health and Science University campus or in any Oregon Health and Science University clinic are within the scope of their state employment or duties when…
For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all forms of consultation that are provided at a location other than the Oregon Health and Science University campus or one of the Oregon Health and Science University clinics are within the scope of state emplo…
Punitive damages may not be awarded on any claim subject to ORS 30.260 to 30.300. Claims subject to ORS 30.260 to 30.300 are not subject to the limitation imposed by ORS 31.710. A court may not apply the limitations imposed on recovery under ORS 30.271, 30.272 and 30.273 until after the entry of a verdict or a stipulation by the parties to the amount of th…
The limitations imposed by this section apply to claims that: Are subject to ORS 30.260 to 30.300; Are made against the state, or against an officer, employee or agent of the state acting within the person’s scope of employment or duties; Arise out of a single accident or occurrence; and Are not claims for damage to or destruction of property. The liabi…
The limitations imposed by this section apply to claims that: Are subject to ORS 30.260 to 30.300; Are made against a local public body, or against an officer, employee or agent of a local public body acting within the person’s scope of employment or duties; Arise out of a single accident or occurrence; and Are not claims for damage to or destruction of …
The limitations imposed by this section apply to claims that: Are subject to ORS 30.260 to 30.300; Are made against a public body, or against a public body’s officers, employees and agents acting within the scope of their employment or duties; Arise out of a single accident or occurrence; and Are claims for damage to or destruction of property, including…
At the request of any party to an action under ORS 30.260 to 30.300, the court shall enter a limited judgment that is limited to the issue of the application of the limitations imposed by ORS 30.271, 30.272 or 30.273. A limited judgment may be entered under this section only after: The parties have stipulated to the total damages in the action; or The find…
No action arising from any act or omission of a public body or an officer, employee or agent of a public body within the scope of ORS 30.260 to 30.300 shall be maintained unless notice of claim is given as required by this section. Notice of claim shall be given within the following applicable period of time, not including the period, not exceeding 90 days,…
When notice is received under ORS 30.275 of a claim of professional negligence against a physician, optometrist, dentist, dental hygienist or naturopath who is acting within the scope of employment by a public body or within the scope of duties as defined by ORS 30.267, the person receiving the notice shall report to the appropriate licensing board, in the s…
The governing body of any local public body may procure insurance against: Tort liability of the public body and its officers, employees and agents acting within the scope of their employment or duties; or Property damage. In addition to, or in lieu of procuring insurance, the governing body may establish a self-insurance program against the tort liabilit…
The governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether elective or appointive, against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of duty. The provisions of subsection (1) of this section do not a…
If any civil action, suit or proceeding is brought against any officer, employee or agent of a local public body which on its face falls within the provisions of ORS 30.285 (1), or which the officer, employee or agent asserts to be based in fact upon an alleged act or omission in the performance of duty, the officer, employee or agent may file a written requ…
The governing body of any local public body may, subject to the provisions of any contract of liability insurance existing, compromise, adjust and settle tort claims against the public body or its officers, employees or agents acting within the scope of their employment for damages under ORS 30.260 to 30.300 and may, subject to procedural requirements impose…
When a judgment is entered against or a settlement is made by a public body for a claim within the scope of ORS 30.260 to 30.300, including claims against officers, employees or agents required to be indemnified under ORS 30.285, payment shall be made and the same remedies shall apply in case of nonpayment as in the case of other judgments or settlements aga…
The Psychiatric Security Review Board is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of the board with respect to the following functions: Conducting hearings as required by law to determine the appropriate status, release or commitment of persons under the jurisdiction of …
Notwithstanding ORS 125.235, the Department of Human Services is liable for damages resulting from the intentional torts of a foster child who is residing in: A foster home that has been certified by the department under the provisions of ORS 418.625 to 418.645, even though the child is temporarily absent from that home; An approved home that is receiving …
Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of foster parents or damage to the property of foster parents caused by a foster child if the foster child is residing in: A foster home that is maintained by the foster parents and that has been certified by the depart…
ORS 30.260 to 30.300 are exclusive and supersede all home rule charter provisions and conflicting laws and ordinances on the same subject. (Certain Retired Health Care Providers)
As used in this section, “retired provider” means any person: Who holds a degree of Doctor of Medicine, Doctor of Osteopathic Medicine or Doctor of Podiatric Medicine, or who has met the minimum educational requirements for licensure to practice naturopathic medicine or as a physician associate under ORS 677.505 to 677.525 or a nurse practitioner under ORS …
A suit or action may be maintained by the State of Oregon or any county, incorporated city, school district or other public corporation of like character in this state, in its corporate name, upon a cause of suit or action accruing to it in its corporate character, and not otherwise, in the following cases: Upon a contract made with the public corporation. …
The State of Oregon, any city, county, school district, municipal or public corporation, political subdivision of the State of Oregon or any instrumentality thereof, or any agency created by two or more political subdivisions to provide themselves governmental services may bring an action in behalf of itself and others similarly situated for damages under se…
An incorporated city or any county may maintain civil proceedings in courts of this state against any person or property to enforce requirements or prohibitions of its ordinances or resolutions when it seeks: To collect a fee or charge; To enforce a forfeiture; To require or enjoin the performance of an act affecting real property; To enjoin continuance …
A suit or action may be maintained against any county and against the State of Oregon by and through and in the name of the appropriate state agency upon a contract made by the county in its corporate character, or made by such agency and within the scope of its authority; provided, however, that no suit or action may be maintained against any county or the …
The provisions of ORS 30.310 and 30.320 do not apply to contracts made by the Department of Transportation that provide for arbitration under the provisions of ORS 36.600 to 36.740.
All actions, suits or proceedings by or against a county shall be in the name of the county, but the county is represented by the county court, which has the power to control the proceeding as if it were plaintiff or defendant, as the case may be.
In any suit, action or proceeding brought in any circuit court of this state, affecting the title to real property on which a governmental unit has, or claims to have, a lien, other than a suit, action or proceeding to foreclose tax liens or special improvement liens, the governmental unit may be made a party defendant, and its rights or interests adjudicate…
In any suit, action or proceeding commenced under the provisions of ORS 30.360 to which the state is made a party, service of summons upon the state shall be made upon the Attorney General. In addition to other required content, any summons served pursuant to this section shall state the state agency involved in the suit, action or proceeding.
No assignee of any claim against any county, city or municipal corporation of this state or any county, city or municipal officer in this state, for money claimed to have been illegally charged or exacted by such county, city or municipal corporation or such officer, except money collected as taxes or license, or money due on contract, shall have the right t…
If judgment is given for the recovery of money or damages against a public corporation mentioned in ORS 30.310, no execution shall issue thereon for the collection of such money or damages, but the judgment shall be satisfied as follows: The party in whose favor the judgment is given may, at any time thereafter, when an execution might issue on a like judgm…
The governing body of any municipal corporation, as defined in ORS 297.405, may compromise, adjust and settle claims other than tort claims against the municipal corporation, its officers, employees or agents acting within the scope of their employment, and may, subject to procedural requirements imposed by law or charter, appropriate money for the payment o…
An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action, the officer does not represent any of the public corporations mentioned in ORS 30.310, for any of the causes specified in such section and ORS 30.320. If judgment is given against the officer in such action, it may be enforce…
INJUNCTIONS BY PUBLIC SERVANT OR PUBLIC SERVANT’S EMPLOYER
A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that: Is directed at the public servant; Relates to the public servant’s employment or the public servant’s status as an elected or appointed public servant; and Constitutes any of the following crimes: Obstructing governm…
A person against whom an order is issued under ORS 30.405 may file a request for hearing with the court that issued the order within 30 days after the order is served on the person. A request under this section shall be in writing, shall be signed by the person and shall include the printed name, telephone number and mailing address of the person. Upon the …
Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law given, or in the name of the officer or person who by law is authorized to prosecute for them.
Whenever, by law, any property is forfeited to the state, or to any officer for its use, the action for the recovery of such property may be commenced in any county where the defendant may be found, or where such property may be.
When an action is commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that amount, and if judgment is given for the plaintiff, it may be for such amount or less, in the discretion of the court, in proportion to the offense.
A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant, wholly or partially, from the consequences contemplated by law, in case where the penalty or forfeiture is given wholly or partly to the person who prosecutes, shall not bar the recovery of the same by another person.
When proceedings are conducted by county hearings officers to enforce requirements or prohibitions of county ordinances or resolutions, if fines or costs are not paid by a defendant within 60 days after payment is ordered, the defendant is personally liable to the county for the amount of the unpaid fines or costs. The county may file and record the order fo…
In enacting ORS 30.480 and 30.485, the Legislative Assembly of the State of Oregon declares: That many persons with disabilities and older persons, due to disability or age, cannot obtain medical, educational, recreational or other important services or benefits, or pursue daily life activities outside the home, such as shopping or socializing, without tran…
When a provider of volunteer transportation services who is qualified under subsection (3) of this section provides the services under the conditions described in subsection (4) of this section to a person with a disability or a person who is 55 years of age or older, the liability of the provider to the person for injury, death or loss arising out of the vo…
If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), the court shall apportion a proper share of that total amount to each claimant to whom ORS 30.480 (1) or (2) applies. If the amount settled upon by multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), any party may…
As used in ORS 30.490 to 30.497: “Discharge” means any leakage, seepage or any other release of hazardous material. “Hazardous material” means: Hazardous waste as defined in ORS 466.005; Hazardous substances as defined in ORS 453.005; Radioactive waste as defined in ORS 469.300; Uranium mine overburden or uranium mill tailings, mill wastes or mill by-p…
Except as provided in ORS 30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or advice directly related to: Mitigating or attempting to mitigate the effects of an actual or threatened discharge of hazardous material; or Preventing, cleaning up or disposing of or in attempting to prevent, cl…
The immunity provided in ORS 30.492 shall not apply to any person: Whose act or omission caused in whole or in part the actual or threatened discharge and who would otherwise be liable for the damages; or Who receives compensation other than reimbursement for expenses for the person’s service in rendering such assistance or advice.
Nothing in ORS 30.492 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence or from the person’s reckless, wanton or intentional misconduct.
As used in this section and ORS 30.505: “Generator” has the meaning given that term in ORS 466.005. “Person” means an individual, corporation, association, firm, partnership, joint stock company or state or local government agency.
Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance, training or advice to a generator directly related to procedures or actions the generator must take to comply with the requirements of state or federal hazardous waste disposal laws. The immunity provided i…
An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of a private party against the person offending, in the following cases: When any person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this state, or any offi…
Several persons may be joined as defendants in an action for the causes specified in ORS 30.510 (1), and in such action their respective rights to such office or franchise may be determined.
Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (1), the district attorney, in addition to the statement of the cause of action, may separately set forth in the complaint the name of the person rightfully entitled to the office or franchise, with a statement of the facts constituting the right of the person theret…
If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person shall be entitled to the possession and enjoyment of the franchise, or to take upon the person the execution of the office, after qualifying the person therefor as required by law, and to demand and receive the poss…
If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or franchise, the person may afterwards maintain an action to recover the damages which the person has sustained by reason of the premises.
When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS 30.510 (1), is determined to be guilty of usurping, or intruding into, or unlawfully holding or exercising any office or franchise, judgment shall be given that such defendant be excluded therefrom. The court may also …
An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for the purpose of avoiding the Act of incorporation, or an Act renewing or modifying its corporate existence, on the ground that such Act was procured upon some fraudulent suggestion or concealment of a material fact b…
An action may be maintained in the name of the state against a corporation, other than a public one, on leave granted by the court or judge thereof where the action is triable, for the purpose of avoiding the charter or annulling the existence of such corporation, whenever it shall: Offend against any of the provisions of an Act creating, renewing, or modif…
If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 or 30.580, has forfeited its corporate rights, privileges and franchises, judgment shall be given that the corporation be excluded therefrom, and that the corporation be dissolved.
An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against the person to whom the letters were issued, or those claiming under the person, as to the subject matter thereof, in the following cases: When the letters patent were issued by means of some fraudulent suggestion or conc…
The actions provided for in ORS 30.510 to 30.640 shall be commenced and prosecuted by the district attorney of the district where the same are triable. When the action is upon the relation of a private party, as allowed in ORS 30.510, the pleadings on behalf of the state shall be signed by the relator as if the relator were the plaintiff, or otherwise as pro…
When directed by the Governor, as prescribed in ORS 30.570, it shall be the duty of the district attorney to commence the action therein provided for accordingly. In all other actions provided for in ORS 30.510 to 30.640 it shall be the duty of the proper district attorney to commence such action, upon leave given where leave is required, in every case of pu…
If judgment is given against a corporation, the effect of which is that the corporation ceases to exist, or whereby any letters patent are determined to be vacated or annulled, it shall be the duty of the district attorney to cause a copy of the judgment to be filed with the Secretary of State.
A judgment given in any action provided for in ORS 30.510 to 30.640, in respect to costs and disbursements, may be enforced by execution as a judgment which requires the payment of money. ACTIONS AGAINST PUBLIC BODY BY ADULTS IN CUSTODY
As used in ORS 30.642 to 30.650: “Action against a public body” means a civil action, including an action brought in a small claims department, an appeal or a petition for review, that names as a defendant a public body as defined in ORS 30.260 or an officer, employee or agent of a public body. “Action against a public body” does not mean petitions for writ…
If an adult in custody seeks to file an action against a public body, the fees and court costs of the adult in custody may be waived or deferred only in the manner provided by this section. Any adult in custody seeking waiver or deferral of fees or court costs must submit with the application for waiver or deferral a true and correct copy of the trust accou…
Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, filed an action against a public body in a court of this state that was dismissed on …
If an adult in custody files an action against a public body and a judgment is entered that requires the adult in custody to pay costs to the public body, the adult in custody must pay the full amount of the costs ordered. Payment for costs under this section shall be made by deductions from the income credited to the trust account of the adult in custody.
If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or deferral was made under ORS 21.680 to 21.698. If the fees or court costs have been wai…
An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must also serve the notice and claim and all subsequent filings on the Attorney General. N…
Noneconomic damages, as defined in ORS 31.705, may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705.
ACTIONS FOR COMPENSATION FOR WRONGFUL CONVICTION
A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied: The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions; The person’s conviction was reversed or vacated and either the charges were dismissed or on retrial th…
A person may not file a petition under ORS 30.657 unless notice of petition is given as required by this section. Notice of petition shall be given within 180 days after the date on which the charges were dismissed, the person was found not guilty on retrial or the person received a grant of pardon. The period of time shall not include the period, not excee…
ACTIONS ARISING OUT OF AGRI-TOURISM ACTIVITIES
As used in ORS 30.671 to 30.677: “Agri-tourism activity” means an activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, wineries, ranching and historical, cultural or harvest-your-own activities or natural activities an…
Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity. Subsection (1) of this section does not limit the liability of an agri-tourism professional if t…
An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section: At the entrance to the agri-tourism site, in black letters at least one inch in height; At any location where an agri-tourism activity takes place, in black letters at least one inch in height; and In every written contract entered into between th…
ACTIONS ARISING OUT OF EQUINE ACTIVITIES
For the purposes of ORS 30.687 to 30.697: “Equine” means a horse, pony, mule, donkey or hinny. “Equine activity” means: Equine shows, fairs, competitions, performances or parades that involve any or all breeds of equines and any of the equine disciplines including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day …
It is the purpose of ORS 30.687 to 30.697 to assist courts and juries to define the circumstances under which those persons responsible for equines may and may not be liable for damages to other persons harmed in the course of equine activities. It is the policy of the State of Oregon that no person shall be liable for damages sustained by another solely as…
Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant arising out of riding, training, driving, grooming or riding as a passenger upon an equine and, except as provided in subsection (2) of this section and ORS 30.693, no …
Except as provided in subsection (2) of this section, nothing in ORS 30.691 shall limit the liability of an equine activity sponsor or an equine professional if the equine activity sponsor or the equine professional: Provided the equipment or tack, failed to make reasonable and prudent inspection of the equipment or tack, and that failure was a cause of the…
No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an equine if the person, prior to assisting the veterinarian or farrier, executes a release stating that the person rendering assistance waives the right to bring an action against the veterinarian or farrier for a…
Nothing in ORS 30.687 to 30.695 shall affect the right of any person to any workers’ compensation benefits that may be payable by reason of death, injury or other loss.
MISCELLANEOUS ACTIONS
In any action against a maker of a dishonored check, a payee may recover from the maker statutory damages in an amount equal to $100 or triple the amount for which the check is drawn, whichever is greater. Statutory damages awarded under this subsection are in addition to the amount for which the check was drawn and may not exceed by more than $500 the amoun…
Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action or suit arises therefrom.
All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause of action to recover from the dealer winning the same, or proprietor for whose benefit such game was played or dealt, or such money or thing of value won, twice the amount of the money or double the value of the thing so l…
Any person who, after May 24, 1923, certifies to any abstract of title to any land in Oregon, shall be liable for all damages sustained by any person who, in reliance on the correctness thereof, acts thereon with reference to the title of such land, and is damaged in consequence of any errors, omissions or defects therein, regardless of whether the abstract …
In addition to any other remedy provided by law, the parent or parents of an unemancipated minor child shall be liable for actual damages to person or property caused by any tort intentionally or recklessly committed by such child. However, a parent who is not entitled to legal custody of the minor child at the time of the intentional or reckless tort shall …
As used in this section: “Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of the flight at issue. “Aviation activity” includes but is not limited to hang gliding, …
As used in this section, “educational provider” means a public or private elementary or secondary school or an education service district. A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner’s property or facilities may not require in any separate agreement any individual to ind…
Any person violating ORS 167.108 to 167.164 shall be liable in a civil suit for all damages occasioned thereby.
A construction design professional who is retained to perform professional services on a construction project, or an employee of the construction design professional in the performance of professional services on the construction project, shall not be liable for any injury to a worker on the construction project that is a compensable injury under ORS chapter…
An action for damages arising out of the practice of architecture, as defined in ORS 671.010, may not be maintained by any person against an architect for services rendered by the architect under the provisions of this section. An action for damages arising out of the practice of engineering, as described in ORS 672.007, may not be maintained by any person …
As used in this section: “Charitable organization” means a charitable organization, as defined in ORS 128.620, that: Spends at least 65 percent of its revenues on charitable programs; and Has a financially secure source of recovery for individuals who suffer harm as a result of actions taken by a volunteer on behalf of the organization. “Charitable organ…
As used in this section: “Direct entry midwife” means a person practicing direct entry midwifery as defined in ORS 687.405. “Hospital” has the meaning given that term in ORS 442.015. A person may not bring a cause of action against a physician licensed under ORS chapter 677 or against a hospital for injury to a patient if: The injury occurred as a result…
As used in this section and ORS 30.805, “emergency medical assistance” means: Medical or dental care not provided in a place where emergency medical or dental care is regularly available, including but not limited to a hospital, industrial first-aid station or the office of a physician, naturopathic physician, physician associate or dentist, given voluntari…
As used in this section: “Automated external defibrillator” means an automated external defibrillator approved for sale by the federal Food and Drug Administration. “Public setting” means a location that is: Accessible to members of the general public, employees, visitors and guests, but that is not a private residence; A public school facility as define…
A person may not maintain a cause of action for injury, death or loss against a licensed emergency medical services provider who acts as a volunteer without expectation of compensation, based on a claim of negligence unless the person shows that the injury, death or loss resulted from willful and wanton misconduct or intentional act or omission of the emerge…
No person may maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency medical assistance unless it is alleged and proved by the complaining party that the acts or omissions violate the standards of reasonable care under the circumstances in which the emergency medical assistance was rendered, if the…
No person shall maintain an action for damages for injury, death or loss that results from acts or omissions in rendering emergency transportation assistance unless it is alleged and proved by the complaining party that the person rendering emergency transportation assistance was grossly negligent. The provisions of this section apply only to a person who pr…
A fraternal organization, as defined in ORS 307.134, that is also a charitable corporation, as defined in ORS 128.620, and any other charitable corporation, as defined in ORS 128.620, that is affiliated with the fraternal organization are not liable for any damages arising out of providing previously owned eyeglasses or hearing aids to a person if: The pers…
As used in this section: “Homeless individual” has the meaning given that term in 42 U.S.C. 11302, as in effect on March 16, 2012. “Outreach services” includes, but is not limited to: Case management services such as assessment and referral for alcohol or other drug-related services and for housing, financial, educational and related services; and Medica…
As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360. A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if the person: Before entering the motor vehicle, determines that the motor vehicle is lo…
As used in this section, “law enforcement dog” means a dog that is sold or leased to a law enforcement agency and intended to be a law enforcement animal as defined in ORS 167.310. A seller or lessor of a law enforcement dog is not liable under ORS 30.920 for physical harm or damage to property caused by the law enforcement dog if the law enforcement agency…
As used in this section, “abuse” means an act or omission in violation of ORS 167.310 to 167.351 that results in physical injury to a domestic animal. A person that provides or ensures the provision of veterinary care for an animal for the purpose of addressing the effects of abuse has a private right of action against the person inflicting the abuse. A cou…
In addition to and not in lieu of the penalty provided in ORS 165.825 (2), any person who buys a horse sold in violation of ORS 165.825 (1) may bring an action against the seller for any damages the buyer incurs as a result of the sale. The court may award reasonable attorney fees to the prevailing party in an action under this section.
In addition to and not in lieu of any other penalty provided by state law, the owner of a search and rescue animal or a therapy animal, as defined in ORS 167.352, may bring an action for economic and noneconomic damages against any person who steals or, without provocation, attacks the search and rescue animal or therapy animal. The owner may also bring an a…
Any person who is damaged by an act prohibited in ORS 164.886 (1) to (3) may bring a civil action to recover damages sustained. A party seeking civil damages under this section may recover upon proof by a preponderance of the evidence of a violation of the provisions of ORS 164.886 (1) to (3). The court may award reasonable attorney fees to the prevailing pa…
As used in this section: “Designated representative” has the meaning given that term in ORS 243.796. “Exclusive representative” and “labor organization” have the meanings given those terms in ORS 243.650. “Falsely impersonate a union representative” means to use fraud or misrepresentation to make a verbal or written communication that purports to be autho…
A plaintiff has a cause of action for invasion of personal privacy if the plaintiff establishes any of the following: The defendant knowingly made or recorded a photograph, motion picture, videotape or other visual image or recording of the plaintiff in a state of nudity without the consent of the plaintiff, and at the time the visual image or recording was…
Irrespective of any criminal prosecution or the result thereof, a person depicted in an image disclosed in violation of ORS 163.472, or that person’s parent or guardian, representative or estate, shall have a civil action to secure an injunction, damages or other appropriate relief against any and all persons whose actions are unlawful under ORS 163.472. Up…
As used in this section, “intimate image” means an image depicting sexual conduct as defined in ORS 167.051 or uncovered human genitals. A plaintiff may bring a civil action against a person who, after attaining 18 years of age, transmits an intimate image by computer or other electronic means to the computer or other electronic communication device of the …
As used in this section: “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer. “Injure” means to subject another to bodily injury or death. “Harass” means to subject another to severe emotional distress such that the individual experiences anxiety, fear, torment or apprehension that may or may not result …
In a claim for defamation against an individual who makes a communication regarding an incident of sexual assault committed against the individual, in addition to the other elements required to prove a claim of defamation, it is an element of the claim that the individual made the communication with malice.
A person may bring a civil action for damages against any person who knowingly causes a police officer to arrive at a location to contact another person with the intent to: Infringe on the other person’s rights under the Oregon or United States Constitutions; Unlawfully discriminate against the other person; Cause the other person to feel harassed, humili…
A person or group of persons is subject to an action described in subsection (2) or (3) of this section for engaging in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or on behalf of or in furtherance of any objective of a private paramilitary organization: While armed with a de…
A person may bring an action for an injunction compelling a private school to comply with the provisions of any of the following laws: ORS 339.366 and 339.368 (policies on teen dating violence and domestic violence); ORS 339.370 to 339.400 (reporting of suspected abuse and suspected sexual conduct); ORS 342.704 (policy on sexual harassment); and ORS 419B…
Irrespective of any criminal prosecution or the result thereof, a person or health care facility aggrieved by conduct prohibited by ORS 166.119 may bring a civil action against the person or group of persons engaging in the prohibited conduct, individually or jointly with other aggrieved persons, in the appropriate court for relief. A plaintiff who prevails…
A person or governmental entity may not discriminate against, boycott, blacklist or refuse to buy from, sell to or trade with any person because of foreign government imposed or sanctioned discrimination based upon the race, religion, sex, sexual orientation, gender identity or national origin of the person or of the person’s partners, members, directors, st…
Conduct constituting a violation of ORS 30.862 and 162.117 to 162.121 shall give rise to a civil cause of action by the state. The court may award reasonable attorney fees to the prevailing party in an action under this section. The application of one civil remedy under any provision of ORS 30.862 and 162.117 to 162.121 shall not preclude the application of…
A plaintiff has a cause of action for the recovery of compensatory damages from any person who violates ORS 165.815. In an action brought under subsection (1) of this section, the court may award the prevailing party costs and reasonable attorney fees.
Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records as prohibited by standards issued by the State Board of Education or the governing board of a public university listed in ORS 352.002 may file a civil action in circuit court for equitable relief or, subject to the terms an…
A petitioner may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a respondent if: The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a member of the petitioner’s immediate family or household thereby alarming or coercing the pe…
Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266. Upon prevailing in an action under this section, the plaintiff may recover: Both special …
Any of the following persons may bring a civil action to secure damages against any and all persons whose actions are unlawful under ORS 163.257 (1)(a): A person who is 18 years of age or older and who has been taken, enticed or kept in violation of ORS 163.257 (1)(a); or A person whose custodial rights have been interfered with if, by reason of the interf…
As used in this section and ORS 30.875: “Agricultural produce” means any plant including, but not limited to, trees, or animals, kept, grown or raised upon real property, and the products of those plants and animals. “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale. “Merchan…
An adult or an emancipated minor who takes possession of any merchandise displayed or offered for sale by any mercantile establishment, or who takes from any real property any agricultural produce kept, grown or raised on the property for purposes of sale, without the consent of the owner and with the intention of converting such merchandise or produce to th…
In any civil action arising out of conduct that would constitute interference with agricultural research under ORS 164.889, the court shall award: Treble the amount of damages claimed to real and personal property; and The costs of repeating experiments including, but not limited to, the costs of replacing records, data, equipment, specimens, labor and mat…
In any civil action arising out of conduct that would constitute a violation of ORS 167.312 or 167.388, the court shall award treble the amount of damages caused to real or personal property by the violation. In addition, in any civil action arising out of conduct that would constitute a violation of ORS 167.312, the court shall award the costs of repeating …
In addition to, and not in lieu of any other damages that may be claimed, a plaintiff who is a sports official shall receive liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the plaintiff establishes that: The defendant intentionally subjected the plaintiff to offensive physical contact; The defendant knew …
Notwithstanding any other provision of law, a gleaner or the good-faith donor of any food, apparently fit for human consumption, to a bona fide charitable or nonprofit organization, including but not limited to a food bank, for distribution without charge or on a scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not b…
Notwithstanding any other provision of law, the good-faith donor of any general merchandise or household item, apparently fit for use to a bona fide charitable or nonprofit organization for distribution without charge or on a fee scale reflecting ability to pay, or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or …
PRODUCT LIABILITY ACTIONS
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: Any design, inspection, testing, manufacturing or other defect in a product; Any failure to warn regarding a product; or …
A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if: The physician provides the product to a patient as part of health care services; and The physician was not involved in the design or manufacture of the product. Except as provided in paragraph (b) …
Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after 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 pro…
A product liability civil action for damages resulting from asbestos-related disease 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, the disease and the cause thereof. A product liability civil action for damages resulting from asbestos-related d…
Notwithstanding ORS 30.020, a product liability civil 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: The death or specific in…
It is a disputable presumption in a products liability civil action that a product as manufactured and sold or leased is not unreasonably dangerous for its intended use.
It shall be a defense to a product liability civil action that an alteration or modification of a product occurred under the following circumstances: The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor; The alteration or modif…
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: The seller or lessor is engaged in the business of selling or leasing such a product; and The product is expected…
In a product liability civil action, punitive damages shall not be recoverable except as provided in ORS 31.730. Punitive damages, if any, shall be determined and awarded based upon the following criteria: The likelihood at the time that serious harm would arise from the defendant’s misconduct; The degree of the defendant’s awareness of that likelihood; …
Where a drug allegedly caused the plaintiff harm, the manufacturer of the drug shall not be liable for punitive damages if the drug product alleged to have caused the harm: Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal Food and Drug Administration under the Federal…
As used in this section, “R type metal halide or mercury vapor light bulb” means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken. A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not…
As used in ORS 30.930 to 30.947: “Farm” means any facility, including the land, buildings, watercourses and appurtenances thereto, used in the commercial production of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock. “Farming practice” means a mode of oper…
Notwithstanding ORS 30.930, if the activities are conducted in a reasonable and prudent manner, the transport or movement of any equipment, device or vehicle used in conjunction with a farming practice or a forest practice on a public road or movement of livestock on a public road is a farming or forest practice under ORS 30.930 to 30.947.
As used in ORS 30.930 to 30.947, “nuisance” or “trespass” includes but is not limited to actions or claims based on noise, vibration, odors, smoke, dust, mist from irrigation, use of pesticides and use of crop production substances.
The Legislative Assembly finds that: Farming and forest practices are critical to the economic welfare of this state. The expansion of residential and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities. In the interest of the continued welfare o…
Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a forest practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to forest practices for which no claim or action is allowed under ORS 30.936 or 30.937. Subsection (1) of this section does …
Any local government or special district ordinance or regulation now in effect or subsequently adopted that makes a farm practice a nuisance or trespass or provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 or 30.937.
No farming or forest practice on lands zoned for farm or forest use shall give rise to any private right of action or claim for relief based on nuisance or trespass. Subsection (1) of this section shall not apply to a right of action or claim for relief for: Damage to commercial agricultural products; or Death or serious physical injury as defined in ORS …
No farming or forest practice allowed as a preexisting nonconforming use shall give rise to any private right of action or claim for relief based on nuisance or trespass. Subsection (1) of this section shall not apply to a right of action or claim for relief for: Damage to commercial agricultural products; or Death or serious physical injury as defined in…
In any action or claim for relief alleging nuisance or trespass and arising from a practice that is alleged by either party to be a farming or forest practice, the prevailing party shall be entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal.
Notwithstanding ORS 30.930 (2), the use of a pesticide shall be considered to be a farming practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide: Is or may be used on a farm of a similar nature; Is a reasonable and prudent method for the operation of the farm to obtain a profit in money; Is or may become customarily utilized in conjun…
The provisions of ORS 30.930 to 30.947 shall not impair the right of any person or governmental body to pursue any remedy authorized by law that concerns matters other than a nuisance or trespass.
The State Department of Agriculture may adopt rules to implement the provisions of ORS 30.930 to 30.947. The State Forestry Department may adopt rules to implement the provisions of ORS 30.930 to 30.947.
The Department of Environmental Quality, Department of State Lands, State Department of Agriculture or State Forestry Department is not required to investigate complaints if the agency has reason to believe that the complaint is based on practices protected by ORS 30.930 or 30.947.
The fact that a comprehensive plan and implementing ordinances allow the siting of destination resorts or other nonfarm or nonforest uses as provided in ORS 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, does not in any way affect the provisions of ORS 30.930 to 30.947.
As used in this section: “Access road” means a road owned or maintained by the State Forestry Department. “Forest practice” has the meaning given that term in ORS 527.620. “State forestland” means: Forestland acquired under ORS 530.010 to 530.040; and Common School Forest Lands managed under ORS 530.490. A private entity that contracts with the State F…
ACTIONS ARISING OUT OF FOOD-RELATED CONDITION
As used in this section: “Food” has the meaning given that term in 21 U.S.C. 321, as in effect on January 1, 2006. “Food-related condition” means: Weight gain; Obesity; A health condition associated with weight gain or obesity; or A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of…
As used in this section: “Food” has the meaning given that term in 21 U.S.C. 321, as in effect on January 1, 2006. “Food-related condition” means: Weight gain; Obesity; A health condition associated with weight gain or obesity; or A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of…
As used in ORS 30.970 to 30.990: “Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift…
In accordance with ORS 31.600 and notwithstanding ORS 31.620 (2), an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary.
A ski area operator shall be notified of any injury to a skier by registered or certified mail within 180 days after the injury or within 180 days after the skier discovers, or reasonably should have discovered, such injury. When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf…
Skiers shall have duties which include but are not limited to the following: Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof. Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of…
Ski area operators shall give notice to skiers of their duties under ORS 30.985 in a manner reasonably calculated to inform skiers of those duties. [1979 c.665 §5] ACTIONS AGAINST SCHOOLS RELATED TO COVID-19 (Temporary provisions relating to actions against schools related to COVID-19) Note: Sections 1, 2, 3 and 6 (1), chapter 4, Oregon Laws 2020 (third s…