Oregon Law
Law as of Jan 1, 2024
Chapter contents
823.005Definitions for ORS chapters 823 to 826 823.007Employee statements of pecuniary interests in motor carriers; rules 823.009General powers of department regarding motor carriers and railroads 823.010[1983 c.338 §756; 1985 c.16 §361; 1989 c.782 §1; 1993 c.371 §1; renumbered 682.015 in 1995] 823.011Authority to adopt rules 823.012Suspension of laws during emergency 823.013Validity of rules, orders, acts and regulations of department; construction of laws 823.015Service of notice or other legal process 823.020[Formerly 485.500; 1989 c.782 §2; 1991 c.67 §224; 1991 c.909 §1; 1993 c.371 §2; renumbered 682.025 in 1995] 823.021Investigating management of carriers 823.023Right of entry onto premises of any carrier or of business tendering hazardous materials for shipment 823.025Maintaining and producing records; expenses incurred in out-of-state examinations; rules 823.027Duty to furnish information to department 823.029Failure to furnish requested information 823.030[Formerly 485.505; 1989 c.782 §3; renumbered 682.035 in 1995] 823.031Investigating complaints against carriers 823.033Investigations and orders on department’s own motion; request for hearing by aggrieved party 823.035Representation by nonattorney 823.037Declaratory rulings 823.040[Formerly 485.510; repealed by 1989 c.782 §40] 823.050[1983 c.338 §976; repealed by 1989 c.782 §40] 823.051Interference with department equipment 823.060[Formerly 485.515; 1989 c.782 §4; 1991 c.67 §225; 1993 c.371 §3; renumbered 682.045 in 1995] 823.061Applicability of hazardous material safety regulations; rules 823.063Notice and opportunity to correct hazardous material violations 823.070[Formerly 485.520; 1989 c.782 §5; 1991 c.67 §226; 1993 c.371 §4; renumbered 682.047 in 1995] 823.071Definitions for ORS 823.073 and 823.075 823.073Common carrier not to abandon agencies or withdraw agent without approval of department 823.075Petitioning department for authority to abandon agency or withdraw agent 823.080[Formerly 485.525; 1989 c.782 §6; renumbered 682.075 in 1995] 823.081Enforcement of laws relating to carriers 823.083Enjoining violation of carrier laws 823.085Liability for damages to injured person 823.087Effect of carrier laws on common law and other statutory rights of action, duties and liabilities 823.090[Formerly 485.530; 1989 c.782 §7; 1993 c.371 §5; renumbered 682.085 in 1995] 823.100[Formerly 485.535; 1989 c.782 §8; 1991 c.331 §141; 1993 c.371 §6; renumbered 682.105 in 1995] 823.101Duty of carrier to issue bill of lading on intrastate shipments; liability of carrier to holder for damage to shipment 823.103Limitations on carrier’s power to set time for filing of claim or starting action 823.105Prohibitions 823.107Existing remedies not affected 823.110[Formerly 485.540; renumbered 682.107 in 1995] 823.120[Formerly 485.545; 1989 c.782 §9; 1991 c.331 §142; 1995 c.41 §8; renumbered 682.109 in 1995] 823.130[Formerly 485.550; 1989 c.782 §10; renumbered 682.135 in 1995] 823.140[Formerly 485.555; 1989 c.782 §11; 1991 c.909 §2; renumbered 682.145 in 1995] 823.145[1989 c.782 §14; 1991 c.703 §42; 1991 c.909 §3; renumbered 682.155 in 1995] 823.150[Formerly 485.560; 1987 c.90 §1; 1989 c.782 §12; 1991 c.909 §4; 1993 c.371 §7; renumbered 682.157 in 1995] 823.160[Formerly 485.565; 1989 c.782 §15; 1991 c.67 §227; 1993 c.371 §8; renumbered 682.175 in 1995] 823.165[1989 c.782 §15a; 1991 c.734 §103; 1993 c.371 §9; renumbered 682.185 in 1995] 823.170[Formerly 485.570; 1989 c.782 §16; renumbered 682.195 in 1995] 823.180[Formerly 485.573; 1989 c.722 §3; renumbered 682.205 in 1995] 823.190[Formerly 485.575; 1989 c.782 §18; renumbered 682.215 in 1995] 823.200[Formerly 485.577; 1987 c.660 §26; 1989 c.782 §19; 1993 c.371 §10; renumbered 682.225 in 1995] 823.204[1989 c.782 §27; renumbered 682.235 in 1995] 823.205[1989 c.782 §28; 1991 c.909 §5; renumbered 682.245 in 1995] 823.210[Formerly 485.580; 1989 c.782 §20; 1991 c.909 §6; 1993 c.371 §11; renumbered 682.255 in 1995] 823.215[Formerly 677.675; 1991 c.67 §228; 1991 c.909 §7; renumbered 682.265 in 1995] 823.220[Formerly 485.585; 1989 c.722 §2; 1989 c.782 §21; renumbered 682.275 in 1995] 823.230[Formerly 485.590; 1989 c.782 §22; renumbered 682.285 in 1995] 823.240[Formerly 485.595; 1989 c.782 §23; renumbered 682.295 in 1995] 823.250[1987 c.845 §1; 1989 c.782 §24; renumbered 682.305 in 1995] 823.300[1989 c.722 §8; renumbered 682.315 in 1995] 823.305[1989 c.722 §5; renumbered 682.325 in 1995] 823.310[1989 c.722 §7; renumbered 682.335 in 1995] 823.315[1989 c.722 §6; renumbered 682.345 in 1995] 823.320[1991 c.958 §1; renumbered 682.355 in 1995] 823.990[Formerly 485.992; 1989 c.782 §25; 1993 c.371 §12; renumbered 682.991 in 1995] 823.991Penalties

Chapter 823 — Carrier Regulation Generally

ORS 823.085 Liability for damages to injured person

(1)

Any motor carrier or railroad that does, or causes or permits to be done, any matter, act or thing prohibited by ORS chapters 823, 824, 825 and 826, or omits to do any act, matter or thing required to be done by ORS chapters 823, 824, 825 and 826, is liable to the person injured thereby in the amount of damages sustained in consequence of such violation. If the party seeking damages alleges and proves that the wrong or omission was the result of gross negligence or willful misconduct, the motor carrier or railroad is liable to the person injured thereby in treble the amount of damages sustained in consequence of the violation. The court may award reasonable attorney fees to the prevailing party in an action under this section.

(2)

Any recovery under this section does not affect recovery by the state of the penalty, forfeiture or fine prescribed for such violation.

(3)

This section does not apply with respect to the liability of any motor carrier or railroad for personal injury or property damage.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

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.