Oregon Law
Law as of Jan 1, 2026
Chapter contents
30.010Who may maintain action for injury or death of child 30.020Action for wrongful death; when commenced; damages 30.025Placement of damages in lawyer trust account or other account before distribution 30.030Distribution of damages 30.040Apportionment among dependents upon settlement 30.050Apportionment among dependents after judgment 30.060Appeal from order of distribution or apportionment 30.063Forfeiture of damages distributable to parent or stepparent for desertion or neglect 30.065Petition for forfeiture 30.070Settlement; discharge of claim 30.075Procedure upon death of injured person 30.080Effect of death of wrongdoer 30.085[1987 c.774 §10; 1997 c.734 §1; renumbered 30.698 in 1997] 30.090Appointment of administrator of estate of wrongdoer 30.100Substitution of personal representative as party defendant 30.110[Repealed by 1961 c.578 §1 (30.115 enacted in lieu of 30.110 and 30.120)] 30.115Aircraft and watercraft guest passengers; definitions 30.120[Repealed by 1961 c.578 §1 (30.115 enacted in lieu of 30.110 and 30.120)] 30.130Public carriers by aircraft and prospective aircraft purchasers 30.135Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle 30.136Action to enforce right or remedy under Servicemembers Civil Relief Act 30.138Remedies for violation of Servicemembers Civil Relief Act 30.140Void and unenforceable provisions relating to indemnification and duty to defend in construction agreements 30.142[2001 c.616 §1; renumbered 31.150 in 2003] 30.144[2001 c.616 §2; renumbered 31.152 in 2003] 30.145Void provisions relating to waivers in construction agreements 30.146[2001 c.616 §3; renumbered 31.155 in 2003] 30.150[Formerly 30.760; renumbered 31.200 in 2003] 30.155[1955 c.365 §1; renumbered 31.205 in 2003] 30.160[1955 c.365 §2; renumbered 31.210 in 2003] 30.165[1955 c.365 §3; 1991 c.249 §4; renumbered 31.215 in 2003] 30.170[1955 c.365 §4; renumbered 31.220 in 2003] 30.175[1955 c.365 §5; renumbered 31.225 in 2003] 30.178Liability of employer for disclosing information about employee to new employer; no action based on compelled self-publication 30.180Definitions for ORS 30.180 to 30.186 30.182Civil action for taking of or tampering with utility services 30.184Amount recoverable; attorney fees 30.186Remedies not exclusive 30.190[1981 c.785 §3; 1983 c.521 §3; 1995 c.618 §23; renumbered 30.198 in 1999] 30.192Definitions for ORS 30.192 to 30.196 30.194Prohibitions relating to cable services 30.195Civil action for violation of prohibitions relating to cable services 30.196Amount recoverable; attorney fees 30.198Civil action for intimidation; remedies; attorney fees; liability of parents 30.200Action by district attorney; effect on others 30.210To whom official bonds are security 30.220Parties 30.230Leave to begin action 30.240Subsequent delinquencies on same bond 30.250Amount of judgment 30.260Definitions for ORS 30.260 to 30.300 30.261Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations 30.262Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300 30.264[2001 c.370 §2; 2011 c.637 §60; repealed by 2013 c.301 §1] 30.265Scope of liability of public body, officers, employees and agents; liability in nuclear incident 30.266[1977 c.781 §2; 1981 c.109 §2; 1985 c.731 §20; 1989 c.873 §1; repealed by 1991 c.756 §5] 30.267Liability for certain medical treatment at Oregon Health and Science University facilities 30.268Liability for certain medical treatment at facilities other than Oregon Health and Science University 30.269Limitations on awards under Oregon Tort Claims Act generally 30.270[1967 c.627 §4; 1969 c.429 §2; 1975 c.609 §13; 1987 c.705 §8; 1987 c.915 §13; repealed by 2009 c.67 §20] 30.271Limitations on liability of state for personal injury and death 30.272Limitations on liability of local public bodies for personal injury and death 30.273Limitations on liability of public bodies for property damage or destruction 30.274Direct appeal of constitutionality of limitations 30.275Notice of claim; time of notice; time of action 30.278Reporting notice of claim of professional negligence to licensing board 30.280[1967 c.627 §6; repealed by 1975 c.609 §25] 30.282Local public body insurance; self-insurance program; action against program 30.285Public body shall indemnify public officers; procedure for requesting counsel; extent of duty of state; obligation for judgment and attorney fees 30.287Counsel for public officer; when public funds not to be paid in settlement; effect on liability limit; defense by insurer 30.290Settlement of claims by local public body 30.295Payment of judgment or settlement; remedies for nonpayment; tax levy for payment; installment payments 30.296Immunity of Psychiatric Security Review Board 30.297Liability of certain state agencies for damages caused by foster child or adjudicated youth; conditions; exceptions 30.298Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth; conditions; limitations 30.300ORS 30.260 to 30.300 exclusive 30.302Certain retired health care providers to be considered agents of public bodies 30.310Actions and suits by governmental units 30.312Actions by governmental units under federal antitrust laws 30.315Proceedings by cities and counties to enforce ordinances and resolutions 30.320Contract and other actions and suits against governmental units 30.330Contracts of Department of Transportation providing for arbitration 30.340Title of proceedings by or against county; control of proceedings by county court 30.350[Repealed by 1979 c.284 §199] 30.360Governmental unit as defendant in actions involving liens on realty 30.370Service of summons on Attorney General; content 30.380Action by assignee of claim for money illegally charged or exacted 30.390Satisfaction of judgment against public corporation 30.395Settlement of certain claims against municipal corporations; manner of payment 30.400Actions by and against public officers in official capacity 30.402[1991 c.847 §1; renumbered 17.095 in 2003] 30.405Injunction for criminal conduct related to employment or status of public servant 30.407Request for hearing following issuance of order under ORS 30.405 30.410In whose name action brought 30.420Venue of action for forfeiture 30.430Amount of penalty 30.440Judgment by collusion not a bar 30.450[Amended by 1981 s.s. c.3 §110; 1995 c.658 §27; repealed by 2011 c.597 §118] 30.460Payment of fines or costs in proceeding to enforce county ordinance or resolution; defendant personally liable 30.475Legislative policy 30.480Limitation on liability of volunteers; conditions 30.485Apportionment of damages; insurance issues excluded from jury consideration 30.490Definitions for ORS 30.490 to 30.497 30.492Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material 30.495Exceptions to limitation 30.497When limitation on liability not applicable 30.500Definitions for ORS 30.500 and 30.505 30.505Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions 30.510Action for usurpation of office or franchise, forfeiture of office or failure to incorporate 30.520Joinder of defendants 30.530Determining right of person claiming an office or franchise 30.540Rights of person adjudged entitled to office or franchise 30.550Action for damages 30.560Judgment against usurper; imposition of fine 30.570Action to annul corporate existence on direction of Governor 30.580Action to annul corporate existence on leave of court 30.590Judgment against corporation 30.600Action to annul letters patent 30.610Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff 30.620Duty of district attorney 30.630Filing copy of judgment with Secretary of State 30.640Enforcement of judgment 30.642Definitions for ORS 30.642 to 30.650 30.643Waiver or deferral of fees and costs 30.645Waiver or deferral of fees after three dismissals of action 30.646Payment of costs under judgment against adult in custody 30.647Dismissal of action during proceedings 30.648Small claims actions 30.650Award of noneconomic damages 30.655[1999 c.810 §1; repealed by 2015 c.212 §18] 30.656[1999 c.810 §2; repealed by 2015 c.212 §18] 30.657Petition for compensation for wrongful conviction; requirements; burden of proof; damages; attorney fees; setoffs for other awards; certificate of innocence; statute of limitations; appeals 30.658[1999 c.810 §3; repealed by 2015 c.212 §18] 30.659Notice of petition required; exceptions for good cause; court to advise right to file notice 30.660[1999 c.810 §4; repealed by 2015 c.212 §18] 30.661[1999 c.810 §5; repealed by 2015 c.212 §18] 30.662[1999 c.810 §6; repealed by 2015 c.212 §18] 30.664[1999 c.810 §8; repealed by 2015 c.212 §18] 30.665[1999 c.810 §9; repealed by 2015 c.212 §18] 30.670[1953 c.495 §1; 1973 c.714 §1; 2001 c.621 §16; renumbered 659A.403 in 2001] 30.671Definitions for ORS 30.671 to 30.677 30.673Limitations on liability of agri-tourism professional; exceptions 30.675[1953 c.495 §2; 1957 c.724 §1; 1961 c.247 §1; 1973 c.714 §2; renumbered 659A.400 in 2001] 30.677Notice 30.680[Amended by 1953 c.495 §3; 1957 c.724 §2; 1973 c.714 §3; 1981 c.897 §7; 1995 c.618 §24; repealed by 2001 c.621 §90] 30.685[1973 c.714 §14; 2001 c.621 §17; renumbered 659A.406 in 2001] 30.687Definitions for ORS 30.687 to 30.697 30.689Policy 30.691Limitations on liability; exceptions 30.693Additional exceptions to limitations on liability; effect of written release 30.695Effect of written release on liability of veterinarian or farrier 30.697Effect on workers’ compensation benefits 30.698[Formerly 30.085; renumbered 31.180 in 2003] 30.700[1981 c.670 §§1,2; repealed by 1997 c.182 §1 (30.701 enacted in lieu of 30.700)] 30.701Actions against maker of dishonored check; statutory damages and attorney fees; handling fee 30.710[Amended by 1961 c.344 §103; repealed by 1973 c.640 §1] 30.715Successive actions or suits 30.720[Repealed by 1973 c.640 §1; amended by 1973 c.823 §§88,155] 30.725[Repealed by 1974 c.36 §28] 30.730[Repealed by 1979 c.801 §4] 30.740Right of gambling loser to recover double losses 30.750Liability of abstractors 30.760[Amended by 1953 c.565 §2; renumbered 30.150] 30.765Liability of parents for tort by child; effect on foster parents 30.770[1959 c.310 §1; 1965 c.587 §1; 1973 c.827 §8; repealed by 1975 c.712 §5] 30.772Liability of landowner arising out of aviation activity; exceptions 30.774Indemnification of property owner that allows nonprofit organization or educational provider to use property 30.780Liability for damages caused by gambling 30.785Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards 30.788Liability of architect, engineer, inspector or building evaluator for emergency relief services 30.790[1963 c.524 §§1,2; repealed by 1971 c.780 §7] 30.792Liability of health care provider or health clinic for volunteer services to charitable organization 30.794Liability of physician or hospital arising out of care provided by direct entry midwife 30.795[1981 c.690 §2; 1985 c.530 §4; repealed by 1993 c.196 §12] 30.800Liability for emergency medical assistance 30.801[1999 c.220 §1; repealed by 2005 c.551 §8] 30.802Liability for use of automated external defibrillator 30.803Liability of licensed emergency medical services provider acting as volunteer 30.805Liability for emergency medical assistance by government personnel 30.807Liability for emergency transportation assistance 30.809Liability of fraternal organization that provides used eyeglasses or hearing aids 30.810[1969 c.387 §1; 1973 c.823 §89; renumbered 31.700 in 2003] 30.811Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual 30.813Liability of person who enters motor vehicle to remove unattended child or domestic animal; exceptions 30.815Liability of seller or lessor of law enforcement dog 30.817Action against animal abuser for costs of providing veterinary care; attorney fees 30.820Action against seller of drugged horse; attorney fees 30.822Action for theft of or injury to search and rescue animal or therapy animal; attorney fees 30.825Action for unlawful tree spiking; attorney fees 30.827False impersonation of union representative; civil action 30.830[1971 c.186 §7; 1981 s.s. c.3 §111; 1983 c.763 §52; 1987 c.905 §3a; repealed by 2011 c.597 §118] 30.831Action for invasion of personal privacy; attorney fees 30.833Action for dissemination of intimate image; attorney fees 30.834Action for transmission of intimate image by electronic means 30.835Action for improper disclosure of private information; attorney fees 30.838Element of malice in certain defamation claims 30.840[1975 c.562 §1; renumbered 31.980 in 2003] 30.845Action against person who summons police with improper intent; attorney fees 30.847Action for engaging in paramilitary activity; attorney fees 30.849Action for injunction compelling private school to comply with certain laws 30.850[1975 c.562 §2; renumbered 31.982 in 2003] 30.851Action for interfering with health care facility; attorney fees 30.860Action for trade discrimination; treble damages; attorney fees 30.862Action for public investment fraud; attorney fees 30.863Action for impersonation; attorney fees 30.864Action for disclosure of certain education records; limitation of action; attorney fees 30.865[2005 c.544 §1; 2009 c.877 §3; 2013 c.1 §3; renumbered 30.831 in 2019] 30.866Action for issuance or violation of stalking protective order; attorney fees 30.867Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees 30.868Civil damages for custodial interference; attorney fees 30.870Definitions for ORS 30.870 and 30.875 30.875Civil damages for shoplifting or taking of agricultural produce 30.876Treble damages and costs in actions arising out of interference with agricultural research 30.877Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production 30.880[1979 c.842 §5a; 1987 c.774 §148; 1987 c.915 §8; renumbered 278.322 in 2003] 30.882Award of liquidated damages to sports official subjected to offensive physical contact; attorney fees 30.890Liability of food gleaners, donors and distributors 30.892Liability of donors and distributors of general merchandise and household items 30.895[1987 c.774 §11; renumbered 31.230 in 2003] 30.900“Product liability civil action” defined 30.902Products provided by health care providers and facilities 30.905Time limitation for commencement of action 30.907Action for damages from asbestos-related disease; limitations 30.908Action arising out of injury from breast implants; limitations 30.910Product disputably presumed not unreasonably dangerous 30.915Defenses 30.920When seller or lessor of product liable; effect of liability rule 30.925Punitive damages 30.927When manufacturer of drug not liable for punitive damages; exceptions 30.928Time limitation for actions for damages caused by certain light bulbs 30.930Definitions for ORS 30.930 to 30.947 30.931Transport or movement of equipment, device, vehicle or livestock as farming or forest practice 30.932Definition of “nuisance” or “trespass.” 30.933Legislative findings; policy 30.934Prohibition on local laws that make forest practice a nuisance or trespass; exceptions 30.935Prohibition on local laws that make farm practice a nuisance or trespass 30.936Immunity from private action based on farming or forest practice on certain lands; exceptions 30.937Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions 30.938Attorney fees and costs 30.939When use of pesticide considered farming or forest practice 30.940Effect on other remedies 30.942Rules 30.943Certain agencies not required to investigate complaints based on farming or forest practice 30.945[1981 c.716 §4; repealed by 1995 c.703 §12] 30.947Effect of siting of destination resorts or other nonfarm or nonforest uses 30.949Action for hindering, impairment or obstruction of forest practice on state forestland 30.950[1979 c.801 §1; 1987 c.774 §13; 1997 c.249 §19; 1997 c.841 §1; 2001 c.534 §1; renumbered 471.565 in 2001] 30.955[1979 c.801 §2; repealed by 1987 c.774 §14] 30.960[1979 c.801 §3; 1991 c.860 §5; 1995 c.618 §31; 2001 c.791 §5; renumbered 471.567 in 2001] 30.961Actions against sellers of food for food-related condition 30.963Claim requirements for actions involving food-related conditions 30.970Definitions for ORS 30.970 to 30.990 30.975Skiers assume certain risks 30.980Notice to ski area operator of injury to skier; injuries resulting in death; statute of limitations; informing skiers of notice requirements 30.985Duties of skiers; effect of failure to comply 30.990Operators required to give skiers notice of duties

Chapter 30 — Actions and Suits in Particular Cases

ORS 30.938 Attorney fees and costs

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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.