31.010 [Repealed by 1981 c.898 §53]repealed
No operative statutory text appears at this designation in the selected edition.
Oregon Revised Statutes
Chapter 31 — Tort Actions
72 sections31.020 [Repealed by 1981 c.898 §53]repealed
No operative statutory text appears at this designation in the selected edition.
31.030 [Repealed by 1981 c.898 §53]repealed
No operative statutory text appears at this designation in the selected edition.
31.040 [Repealed by 1981 c.898 §53]repealed
No operative statutory text appears at this designation in the selected edition.
31.050 [Renumbered 652.500]renumbered
No operative statutory text appears at this designation in the selected edition.
31.150 Special motion to strike; when available; burden of proof
A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike …
31.152 Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals
A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing. All discovery in the proceeding shall be st…
31.155 Exempt actions; substantive law not affected
ORS 31.150 and 31.152 do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity. ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) and do not affect the substantive law governing those claims. DEFENSES GENERALLY
31.180 Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions
It is a complete defense in any civil action for personal injury or wrongful death that: The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and The felonious conduct was a substantial factor contributing to the injury or death. To establish the defense described in this s…
31.200 Liability of radio or television station personnel for defamation
The owner, licensee or operator of a radio or television broadcasting station, and the agents or employees of the owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator, or agent or employee thereof, unless it is a…
31.205 Damages recoverable for defamation by periodical, radio, television or motion pictures
Except as provided in ORS 31.210, in an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages that, by competent evidence, the plaintiff can prove to have suffered a…
31.210 When general damages allowed
In an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless: A correction or retraction is demanded but not published as provided in ORS 31.215; or The plaintiff prov…
31.215 Publication of correction or retraction upon demand
The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher’s place of business or residence within 20 days after the defamed person receives…
31.220 Effect of publication of correction or retraction prior to demand
A correction or retraction published prior to notice of demand therefor shall have the same effect as a correction or retraction after demand, if the requirements of ORS 31.215 (2), (3) and (4) are substantially complied with.
31.225 Publisher’s defenses and privileges not affected
Nothing in ORS 31.205 to 31.220 shall be deemed to affect any defense or privilege which the publisher may possess by virtue of existing law. (Wrongful Use of Civil Proceeding)
31.230 Wrongful use of civil proceeding; pleading; procedure
In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims. The filing of a civil action within 60 days of the running of the statute of limitations for the purpose…
31.250 Mandatory dispute resolution for certain actions against health practitioners and health care facilities
In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless: The action is settled or otherwise resolved within 270 days after the action is filed; or All parties to the action agree in writing to waive dispute r…
31.260 Definitions for ORS 31.260 to 31.278
As used in ORS 31.260 to 31.278: “Adverse health care incident” means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient. “Health care facility” has the meaning given that term in ORS 442.015. “Health care provider” means a person practicin…
31.262 Notice of adverse health care incident
When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule. If a health care facility files a notice of adverse health care…
31.264 Discussion of adverse health care incident; offers of compensation; reporting to commission
A health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule. The health care facility or health care provider who fi…
31.266 Discussion communications; admissibility; disclosure
As used in this section, “discussion communication” means: All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under ORS 31.264. Discussion communications and…
31.268 Mediation
If a discussion under ORS 31.264 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 Act may enter into mediation. The Oregon Patient Safety Commission shall develop and maintain a panel …
31.270 Payment and resolution
A payment made to a patient under ORS 31.264 or as a result of a mediation under ORS 31.268 is not a payment resulting from a written claim or demand for payment. A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shal…
31.272 Statute of limitations; evidence of offers and payments
The provisions of ORS 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim. The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or he…
31.274 Patient representatives
A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care…
31.276 Duties of Oregon Patient Safety Commission; rules; report
The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement ORS 31.260 to 31.278, including, but not limited to: Procedures for filing a notice of adverse health care incident under ORS 31.262 and for conducting discussions and mediations under ORS 31.264 and 31.268. The form of the notice of adv…
31.278 Use of information relating to notice of adverse health care incident
The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection …
31.280 [2013 c.5 §17; repealed by 2025 c.405 §17]repealed
No operative statutory text appears at this designation in the selected edition.
31.300 Pleading requirements for actions against design professionals
As used in this section, “design professional” means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state. A complaint, cross-claim, counterclaim or third…
31.350 Pleading requirements for actions against real estate licensees
As used in this section, “real estate licensee” has the meaning given that term in ORS 696.010. A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is lice…
31.360 Proof required for claim of economic damages in action arising from injury caused by dog
For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog: The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause …
31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police
In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police. A criminal records check conducted through the Law Enforcement Data System m…
31.550 “Advance payment” defined
As used in ORS 12.155 and 31.550 to 31.565, “advance payment” means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor.
31.555 Effect of advance payment; payment as satisfaction of judgment
If judgment is entered against a party on whose behalf an advance payment referred to in ORS 31.560 or 31.565 has been made and in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any such payments in the manner provided in subsection (3) of this section. However, noth…
31.560 Advance payment for death or personal injury not admission of liability; when advance payment made
Advance payment made for damages arising from the death or injury of a person is not an admission of liability for the death or injury by the person making the payment unless the parties to the payment agree to the contrary in writing. For the purpose of subsection (1) of this section, advance payment is made when payment is made with or to: The injured pe…
31.565 Advance payment for property damage not admission of liability
Any advance payment made for damages arising from injury or destruction of property is not an admission of liability for the injury or destruction by the person making the payment unless the parties to the payment agree to the contrary in writing. COLLATERAL BENEFITS
31.580 Effect of collateral benefits
In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the court may deduct from the amount of damages awarded, befor…
31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints
Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminish…
31.605 Special questions to trier of fact; jury not to be informed of settlement
When requested by any party the trier of fact shall answer special questions indicating: The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault. The degree of fault of each person specified in ORS 31.600 (2). The degree of each person’s fault so determined shall be expressed as a percentage of the …
31.610 Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation
Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint. I…
31.615 Setoff of damages not allowed
Setoff of damages shall not be granted in actions subject to ORS 31.600 to 31.620.
31.620 Doctrines of last clear chance and implied assumption of risk abolished
The doctrine of last clear chance is abolished. The doctrine of implied assumption of the risk is abolished. DAMAGES (Economic and Noneconomic Damages)
31.700 Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion
When the guardian ad litem or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the guardian ad litem or conservator to include in the cause of action the damages as, in …
31.705 Economic and noneconomic damages separately set forth in verdict; “economic damages” and “noneconomic damages” defined
A verdict shall set forth separately economic damages and noneconomic damages. As used in this section: “Economic damages” means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, …
31.710 Limitation on award for noneconomic damages in claim for wrongful death
Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as defined in ORS 31.705, shall not exceed $500,000. This section does not apply to punit…
31.715 Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants
Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.705, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 or 813.010 at the time the act or omission causing the death or injury occurred. A claim for noneconomic damages shall…
31.725 Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing
A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section. At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the pleading is filed, a party may move the court to allow the party to amend the pleading to a…
31.730 Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures
Punitive damages are not recoverable in a civil action unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of oth…
31.735 Distribution of punitive damages; notice to Department of Justice; order of application
Upon the entry of a verdict including an award of punitive damages, the Department of Justice becomes a judgment creditor as to the amounts payable under paragraphs (b) and (c) of this subsection, and the punitive damage portion of an award shall be allocated as follows: Thirty percent is payable to the prevailing party. The attorney for the prevailing part…
31.740 When award of punitive damages against health practitioner prohibited
Punitive damages may not be awarded against a health practitioner if: The health practitioner is licensed, registered or certified as: A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; An occupational therapist under ORS 675.230 to 675.300; A regulated social worker under ORS 675.510 to 675.600; A physician under ORS 677.100 to 677.228 o…
31.760 Evidence of nonuse of safety belt or harness to mitigate damages
In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled. Subsection (1) of this secti…
31.770 Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction
A calculation of the projected future earning potential of the plaintiff that takes into account the race or ethnicity of the plaintiff is inadmissible in any civil action. The court shall instruct the jury in a civil action involving a claim for projected future earnings that the jury may not consider the race or ethnicity of the plaintiff in determining w…
31.800 Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right
Except as otherwise provided in this section, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. There is no right of contribution from a person who is …
31.805 Basis for proportional shares of tortfeasors
The proportional shares of tortfeasors in the entire liability shall be based upon their relative degrees of fault or responsibility. In contribution actions arising out of liability under ORS 31.600, the proportional share of a tortfeasor in the entire liability shall be based upon the tortfeasor’s percentage of the common negligence of all tortfeasors. If…
31.810 Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment
Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action. Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of…
31.815 Covenant not to sue; effect; notice
When a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury to person or property or the same wrongful death or claimed to be liable in tort for the same injury or the same wrongful death: It does not discharge any of the other tortfeasors from liability for the injury or wron…
31.820 Severability
If any provision of ORS 31.800 to 31.820 or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of ORS 31.800 to 31.820 which can be given effect without the invalid provision or application and to this end the provisions of ORS 31.800 to 31.820 are severable. ASSIGNMENT OF CAUSE OF ACTION …
31.825 Assignment of cause of action against insurer
A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or covenant given for the assignment shall not extinguish the cause of action agains…
31.850 [2009 c.451 §1; renumbered 15.400 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.855 [2009 c.451 §2; renumbered 15.405 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.860 [2009 c.451 §3; renumbered 15.410 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.862 [2009 c.451 §4; renumbered 15.415 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.865 [2009 c.451 §5; renumbered 15.420 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.870 [2009 c.451 §6; renumbered 15.430 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.872 [2009 c.451 §7; renumbered 15.435 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.875 [2009 c.451 §8; renumbered 15.440 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.878 [2009 c.451 §9; renumbered 15.445 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.880 [2009 c.451 §10; renumbered 15.450 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.885 [2009 c.451 §11; renumbered 15.455 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.890 [2009 c.451 §12; renumbered 15.460 in 2011]renumbered
No operative statutory text appears at this designation in the selected edition.
31.980 Action for alienation of affections abolished
There shall be no civil cause of action for alienation of affections.
31.982 Action for criminal conversation abolished
There shall be no civil cause of action for criminal conversation. _______________