Oregon Law
Law as of Jan 1, 2026
Chapter contents
31.010[Repealed by 1981 c.898 §53] 31.020[Repealed by 1981 c.898 §53] 31.030[Repealed by 1981 c.898 §53] 31.040[Repealed by 1981 c.898 §53] 31.050[Renumbered 652.500] 31.150Special motion to strike; when available; burden of proof 31.152Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals 31.155Exempt actions; substantive law not affected 31.180Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions 31.200Liability of radio or television station personnel for defamation 31.205Damages recoverable for defamation by periodical, radio, television or motion pictures 31.210When general damages allowed 31.215Publication of correction or retraction upon demand 31.220Effect of publication of correction or retraction prior to demand 31.225Publisher’s defenses and privileges not affected 31.230Wrongful use of civil proceeding; pleading; procedure 31.250Mandatory dispute resolution for certain actions against health practitioners and health care facilities 31.260Definitions for ORS 31.260 to 31.278 31.262Notice of adverse health care incident 31.264Discussion of adverse health care incident; offers of compensation; reporting to commission 31.266Discussion communications; admissibility; disclosure 31.268Mediation 31.270Payment and resolution 31.272Statute of limitations; evidence of offers and payments 31.274Patient representatives 31.276Duties of Oregon Patient Safety Commission; rules; report 31.278Use of information relating to notice of adverse health care incident 31.280[2013 c.5 §17; repealed by 2025 c.405 §17] 31.300Pleading requirements for actions against design professionals 31.350Pleading requirements for actions against real estate licensees 31.360Proof required for claim of economic damages in action arising from injury caused by dog 31.370Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police 31.550“Advance payment” defined 31.555Effect of advance payment; payment as satisfaction of judgment 31.560Advance payment for death or personal injury not admission of liability; when advance payment made 31.565Advance payment for property damage not admission of liability 31.580Effect of collateral benefits 31.600Contributory negligence not bar to recovery; comparative negligence standard; third party complaints 31.605Special questions to trier of fact; jury not to be informed of settlement 31.610Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation 31.615Setoff of damages not allowed 31.620Doctrines of last clear chance and implied assumption of risk abolished 31.700Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion 31.705Economic and noneconomic damages separately set forth in verdict; “economic damages” and “noneconomic damages” defined 31.710Limitation on award for noneconomic damages in claim for wrongful death 31.715Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants 31.725Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing 31.730Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures 31.735Distribution of punitive damages; notice to Department of Justice; order of application 31.740When award of punitive damages against health practitioner prohibited 31.760Evidence of nonuse of safety belt or harness to mitigate damages 31.770Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction 31.800Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right 31.805Basis for proportional shares of tortfeasors 31.810Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment 31.815Covenant not to sue; effect; notice 31.820Severability 31.825Assignment of cause of action against insurer 31.850[2009 c.451 §1; renumbered 15.400 in 2011] 31.855[2009 c.451 §2; renumbered 15.405 in 2011] 31.860[2009 c.451 §3; renumbered 15.410 in 2011] 31.862[2009 c.451 §4; renumbered 15.415 in 2011] 31.865[2009 c.451 §5; renumbered 15.420 in 2011] 31.870[2009 c.451 §6; renumbered 15.430 in 2011] 31.872[2009 c.451 §7; renumbered 15.435 in 2011] 31.875[2009 c.451 §8; renumbered 15.440 in 2011] 31.878[2009 c.451 §9; renumbered 15.445 in 2011] 31.880[2009 c.451 §10; renumbered 15.450 in 2011] 31.885[2009 c.451 §11; renumbered 15.455 in 2011] 31.890[2009 c.451 §12; renumbered 15.460 in 2011] 31.980Action for alienation of affections abolished 31.982Action for criminal conversation abolished

Chapter 31 — Tort Actions

ORS 31.740 When award of punitive damages against health practitioner prohibited

Punitive damages may not be awarded against a health practitioner if:

(1)

The health practitioner is licensed, registered or certified as:

(a)

A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090;

(b)

An occupational therapist under ORS 675.230 to 675.300;

(c)

A regulated social worker under ORS 675.510 to 675.600;

(d)

A physician under ORS 677.100 to 677.228 or 677.805 to 677.840;

(e)

An emergency medical services provider under ORS chapter 682;

(f)

A nurse under ORS 678.040 to 678.101;

(g)

A nurse practitioner under ORS 678.375 to 678.390;

(h)

A dentist under ORS chapter 679;

(i)

A dental hygienist under ORS 680.040 to 680.100;

(j)

A denturist under ORS 680.515 to 680.535;

(k)

An audiologist or speech-language pathologist under ORS 681.250 to 681.350;

(L)

An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;

(m)

A chiropractor under ORS 684.040 to 684.105;

(n)

A naturopathic physician under ORS 685.060 to 685.110, 685.125 and 685.135;

(o)

A massage therapist under ORS 687.011 to 687.250;

(p)

A physical therapist under ORS 688.050 to 688.145;

(q)

A medical imaging licensee under ORS 688.445 to 688.525;

(r)

A pharmacist under ORS 689.151 and 689.225 to 689.285;

(s)

A physician associate as provided by ORS 677.505 to 677.525; or

(t)

A professional counselor or marriage and family therapist under ORS 675.715 to 675.835; and

(2)

The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice.

Note: The repeal of 688.040 becomes operative July 1, 2027. Until July 1, 2027, the reference to the series 688.050 to 688.145 should be considered a reference to 688.040 to 688.145. See Preface to Oregon Revised Statutes for further explanation.

(Mitigation of Damages)

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Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.