2007 Oregon Code - Chapter 30 :: Chapter 30 - Actions and Suits in Particular Cases
Chapter 30 — Actions
and Suits in Particular Cases
2007 EDITION
ACTIONS AND SUITS IN PARTICULAR CASES
SPECIAL ACTIONS AND PROCEEDINGS
ACTIONS FOR INJURY OR DEATH
30.010Â Â Â Â Â Â Who
may maintain action for injury or death of child
30.020Â Â Â Â Â Â Action
for wrongful death; when commenced; damages
30.030Â Â Â Â Â Â Distribution
of damages
30.040Â Â Â Â Â Â Apportionment
among dependents upon settlement
30.050Â Â Â Â Â Â Apportionment
among dependents after judgment
30.060Â Â Â Â Â Â Appeal
from order of distribution or apportionment
30.070Â Â Â Â Â Â Settlement;
discharge of claim
30.075Â Â Â Â Â Â Procedure
upon death of injured person
30.080Â Â Â Â Â Â Effect
of death of wrongdoer
30.090Â Â Â Â Â Â Appointment
of administrator of estate of wrongdoer
30.100Â Â Â Â Â Â Substitution
of personal representative as party defendant
ACTIONS BY GUEST PASSENGERS
30.115Â Â Â Â Â Â Aircraft
and watercraft guest passengers; definitions
30.130Â Â Â Â Â Â Public
carriers by aircraft and prospective aircraft purchasers
LIABILITY OF CERTAIN PERSONS PROVIDING MOTOR
VEHICLES
30.135Â Â Â Â Â Â Liability
of certain persons that lend, rent, donate use of, make available for test
drive or otherwise provide motor vehicle
ACTIONS ON CERTAIN CONSTRUCTION AGREEMENTS
30.140Â Â Â Â Â Â Certain
indemnification provisions in construction agreement void
ACTIONS AGAINST FORMER EMPLOYER FOR
DISCLOSURE OF INFORMATION
30.178Â Â Â Â Â Â Liability
of employer for disclosing information about employee to new employer; no
action based on compelled self-publication
ACTIONS ARISING OUT OF THE PROVISION OF
UTILITY SERVICES
30.180Â Â Â Â Â Â Definitions
for ORS 30.180 to 30.186
30.182Â Â Â Â Â Â Civil
action for taking of or tampering with utility services
30.184Â Â Â Â Â Â Amount
recoverable; attorney fees
30.186Â Â Â Â Â Â Remedies
not exclusive
ACTIONS ARISING OUT OF THE PROVISION OF CABLE
SERVICES
30.192Â Â Â Â Â Â Definitions
for ORS 30.192 to 30.196
30.194Â Â Â Â Â Â Prohibitions
relating to cable services
30.195Â Â Â Â Â Â Civil
action for violation of prohibitions relating to cable services
30.196Â Â Â Â Â Â Amount
recoverable; attorney fees
ACTIONS FOR INTIMIDATION
30.198Â Â Â Â Â Â Civil
action for intimidation; remedies; attorney fees; liability of parents
30.200Â Â Â Â Â Â Action
by district attorney; effect on others
ACTIONS ON OFFICIAL BONDS
30.210Â Â Â Â Â Â To
whom official bonds are security
30.220Â Â Â Â Â Â Parties
30.230Â Â Â Â Â Â Leave
to begin action
30.240Â Â Â Â Â Â Subsequent
delinquencies on same bond
30.250Â Â Â Â Â Â Amount
of judgment
TORT ACTIONS AGAINST PUBLIC BODIES
(Generally)
30.260Â Â Â Â Â Â Definitions
for ORS 30.260 to 30.300
30.261Â Â Â Â Â Â Limitation
on applicability of ORS 30.260 to 30.300 to certain private, nonprofit
organizations
30.262Â Â Â Â Â Â Certain
nonprofit facilities and homes public bodies for purposes of ORS 30.260 to
30.300
30.264Â Â Â Â Â Â Liability
insurance for students involved in off-campus experiential activities; coverage
under ORS 30.260 to 30.300
30.265Â Â Â Â Â Â Scope
of liability of public body, officers, employees and agents; liability in
nuclear incident
30.267Â Â Â Â Â Â Liability
for certain medical treatment at Oregon Health and
30.268Â Â Â Â Â Â Liability
for certain medical treatment at facilities other than Oregon Health and
30.270Â Â Â Â Â Â Amount
of liability
30.275Â Â Â Â Â Â Notice
of claim; time of notice; time of action
30.278Â Â Â Â Â Â Reporting
notice of claim of professional negligence to licensing board
30.282Â Â Â Â Â Â Local
public body insurance; self-insurance program; action against program
30.285Â Â Â Â Â Â Public
body shall indemnify public officers; procedure for requesting counsel; extent
of duty of state; obligation for judgment and attorney fees
30.287Â Â Â Â Â Â Counsel
for public officer; when public funds not to be paid in settlement; effect on
liability limit; defense by insurer
30.290Â Â Â Â Â Â Settlement
of claims by local public body
30.295Â Â Â Â Â Â Payment
of judgment or settlement; remedies for nonpayment; tax levy for payment;
installment payments
30.297Â Â Â Â Â Â Liability
of certain state agencies for damages caused by foster child or youth offender;
conditions; exceptions
30.298Â Â Â Â Â Â Liability
of certain state agencies to foster parents for injury or damage caused by
foster child or youth offender; conditions; limitations
30.300Â Â Â Â Â Â ORS
30.260 to 30.300 exclusive
(Certain Retired Physicians)
30.302Â Â Â Â Â Â Certain
retired physicians to be considered agents of public bodies
ACTIONS AND SUITS BY AND AGAINST GOVERNMENTAL
UNITS AND OFFICIALS
30.310Â Â Â Â Â Â Actions
and suits by governmental units
30.312Â Â Â Â Â Â Actions
by governmental units under federal antitrust laws
30.315Â Â Â Â Â Â Proceedings
by cities and counties to enforce ordinances and resolutions
30.320Â Â Â Â Â Â Contract
and other actions and suits against governmental units
30.330Â Â Â Â Â Â Contracts
of Department of Transportation providing for arbitration
30.340Â Â Â Â Â Â Title
of proceedings by or against county; control of proceedings by county court
30.360Â Â Â Â Â Â Governmental
unit as defendant in actions involving liens on realty
30.370Â Â Â Â Â Â Service
of summons on Attorney General; content
30.380Â Â Â Â Â Â Action
by assignee of claim for money illegally charged or exacted
30.390Â Â Â Â Â Â Satisfaction
of judgment against public corporation
30.395Â Â Â Â Â Â Settlement
of certain claims against municipal corporations; manner of payment
30.400Â Â Â Â Â Â Actions
by and against public officers in official capacity
INJUNCTIONS BY PUBLIC SERVANT OR PUBLIC
SERVANTÂ’S EMPLOYER
30.405Â Â Â Â Â Â Injunction
for criminal conduct related to employment or status of public servant
30.407Â Â Â Â Â Â Request
for hearing following issuance of order under ORS 30.405
RECOVERY OF FINES AND FORFEITURES
30.410Â Â Â Â Â Â In
whose name action brought
30.420Â Â Â Â Â Â Venue
of action for forfeiture
30.430Â Â Â Â Â Â Amount
of penalty
30.440Â Â Â Â Â Â Judgment
by collusion not a bar
30.450Â Â Â Â Â Â Disposition
of fines and forfeitures
30.460Â Â Â Â Â Â Payment
of fines or costs in proceeding to enforce county ordinance or resolution;
defendant personally liable
VOLUNTEERS TRANSPORTING OLDER PERSONS AND PERSONS WITH DISABILITIES
30.475Â Â Â Â Â Â Legislative
policy
30.480Â Â Â Â Â Â Limitation
on liability of volunteers; conditions
30.485Â Â Â Â Â Â Apportionment
of damages; insurance issues excluded from jury consideration
VOLUNTEERS PROVIDING ASSISTANCE OR ADVICE IN RESPONSE TO DISCHARGE OF
HAZARDOUS MATERIAL OR RELATING TO COMPLIANCE WITH DISPOSAL LAWS
30.490Â Â Â Â Â Â Definitions
for ORS 30.490 to 30.497
30.492Â Â Â Â Â Â Limitation
on liability of volunteer providing assistance or advice related to mitigation
or cleanup of discharge of hazardous material
30.495Â Â Â Â Â Â Exceptions
to limitation
30.497Â Â Â Â Â Â When
limitation on liability not applicable
30.500Â Â Â Â Â Â Definitions
for ORS 30.500 and 30.505
30.505Â Â Â Â Â Â Limitation
on liability of volunteer providing assistance relating to compliance with
hazardous waste disposal laws; exceptions
ACTIONS FOR USURPATION OF OFFICE OR FRANCHISE; TO ANNUL CORPORATE
EXISTENCE; TO ANNUL LETTERS PATENT
30.510Â Â Â Â Â Â Action
for usurpation of office or franchise, forfeiture of office or failure to
incorporate
30.520Â Â Â Â Â Â Joinder
of defendants
30.530Â Â Â Â Â Â Determining
right of person claiming an office or franchise
30.540Â Â Â Â Â Â Rights
of person adjudged entitled to office or franchise
30.550Â Â Â Â Â Â Action
for damages
30.560Â Â Â Â Â Â Judgment
against usurper; imposition of fine
30.570Â Â Â Â Â Â Action
to annul corporate existence on direction of Governor
30.580Â Â Â Â Â Â Action
to annul corporate existence on leave of court
30.590Â Â Â Â Â Â Judgment
against corporation
30.600Â Â Â Â Â Â Action
to annul letters patent
30.610Â Â Â Â Â Â Prosecutor;
verification of pleadings; affidavit for leave of court; relator as coplaintiff
30.620Â Â Â Â Â Â Duty
of district attorney
30.630Â Â Â Â Â Â Filing
copy of judgment with Secretary of State
30.640Â Â Â Â Â Â Enforcement
of judgment
ACTIONS AGAINST PUBLIC BODY BY INMATES
30.642Â Â Â Â Â Â Definitions
for ORS 30.642 to 30.650
30.643Â Â Â Â Â Â Waiver
or deferral of fees and costs in action against public body by inmate
30.645Â Â Â Â Â Â Waiver
or deferral of fees after three dismissals of action
30.646Â Â Â Â Â Â Payment
of costs under judgment against inmate
30.647Â Â Â Â Â Â Dismissal
of inmate action during proceedings
30.650Â Â Â Â Â Â Award
of noneconomic damages in inmate action
ACTIONS BASED ON COMPUTER DATE FAILURE
30.655Â Â Â Â Â Â Definitions
for ORS 30.655 to 30.665
30.656Â Â Â Â Â Â Action
for computer date failure
30.658Â Â Â Â Â Â
30.660Â Â Â Â Â Â Affirmative
defense; notice and repair
30.661Â Â Â Â Â Â Affirmative
defense; reliance
30.662Â Â Â Â Â Â Affirmative
defense; compliance testing
30.664Â Â Â Â Â Â Punitive
damages
30.665Â Â Â Â Â Â Applicability
ACTIONS ARISING OUT OF EQUINE ACTIVITIES
30.687Â Â Â Â Â Â Definitions
for ORS 30.687 to 30.697
30.689Â Â Â Â Â Â Policy
30.691Â Â Â Â Â Â Limitations
on liability; exceptions
30.693Â Â Â Â Â Â Additional
exceptions to limitations on liability; effect of written release
30.695Â Â Â Â Â Â Effect
of written release on liability of veterinarian or farrier
30.697Â Â Â Â Â Â Effect
on workersÂ’ compensation benefits
MISCELLANEOUS ACTIONS
30.701Â Â Â Â Â Â Actions
against maker of dishonored check; statutory damages and attorney fees;
handling fee
30.715Â Â Â Â Â Â Successive
actions or suits
30.740Â Â Â Â Â Â Right
of gambling loser to recover double losses
30.750Â Â Â Â Â Â Liability
of abstractors
30.765Â Â Â Â Â Â Liability
of parents for tort by child; effect on foster parents
30.780Â Â Â Â Â Â Liability
for damages caused by gambling
30.785Â Â Â Â Â Â Liability
of construction design professional for injuries resulting from failure of
employer to comply with safety standards
30.788Â Â Â Â Â Â Liability
of architect, engineer, inspector or building evaluator for emergency relief
services
30.792Â Â Â Â Â Â Liability
of health care provider or health clinic for volunteer services to charitable
corporations
30.800Â Â Â Â Â Â Liability
for emergency medical assistance
30.802Â Â Â Â Â Â Liability
for use of automated external defibrillator
30.803Â Â Â Â Â Â Liability
of certified emergency medical technician acting as volunteer
30.805Â Â Â Â Â Â Liability
for emergency medical assistance by government personnel
30.807Â Â Â Â Â Â Liability
for emergency transportation assistance
30.820Â Â Â Â Â Â Action
against seller of drugged horse; attorney fees
30.822Â Â Â Â Â Â Action
for theft of or injury to search and rescue animal or therapy animal; attorney
fees
30.825Â Â Â Â Â Â Action
for unlawful tree spiking; attorney fees
30.830Â Â Â Â Â Â Action
against judicial officer for failure to make certain payments
30.860Â Â Â Â Â Â Action
for trade discrimination; treble damages; attorney fees
30.862Â Â Â Â Â Â Action
for public investment fraud; attorney fees
30.864Â Â Â Â Â Â Action
for disclosure of certain education records; limitation of action; attorney
fees
30.865Â Â Â Â Â Â Action
for invasion of personal privacy; attorney fees
30.866Â Â Â Â Â Â Action
for issuance or violation of stalking protective order; attorney fees
30.867Â Â Â Â Â Â Action
for violation of criminal laws relating to involuntary servitude or trafficking
in persons
30.868Â Â Â Â Â Â Civil
damages for custodial interference; attorney fees
30.870Â Â Â Â Â Â Definitions
for ORS 30.870 and 30.875
30.875Â Â Â Â Â Â Civil
damages for shoplifting or taking of agricultural produce
30.876Â Â Â Â Â Â Treble
damages and costs in actions arising out of interference with agricultural
research
30.877Â Â Â Â Â Â Treble
damages and costs in actions arising out of research and animal interference
and arising out of interference with livestock production
30.882Â Â Â Â Â Â Award
of liquidated damages to sports official subjected to offensive physical
contact; attorney fees
30.890Â Â Â Â Â Â Liability
of food gleaners, donors and distributors
30.892Â Â Â Â Â Â Liability
of donors and distributors of general merchandise and household items
PRODUCT LIABILITY ACTIONS
30.900      “Product
liability civil action” defined
30.905Â Â Â Â Â Â Time
limitation for commencement of action
30.907Â Â Â Â Â Â Action
for damages from asbestos-related disease; limitations
30.908Â Â Â Â Â Â Action
arising out of injury from breast implants; limitations
30.910Â Â Â Â Â Â Product
disputably presumed not unreasonably dangerous
30.915Â Â Â Â Â Â Defenses
30.920Â Â Â Â Â Â When
seller or lessor of product liable; effect of liability rule
30.925Â Â Â Â Â Â Punitive
damages
30.927Â Â Â Â Â Â When
manufacturer of drug not liable for punitive damages; exceptions
FARMING AND
30.930Â Â Â Â Â Â Definitions
for ORS 30.930 to 30.947
30.931Â Â Â Â Â Â Transport
or movement of equipment, device, vehicle or livestock as farming or forest
practice
30.932Â Â Â Â Â Â Definition
of “nuisance” or “trespass”
30.933Â Â Â Â Â Â Legislative
findings; policy
30.934Â Â Â Â Â Â Prohibition
on local laws that make forest practice a nuisance or trespass; exceptions
30.935Â Â Â Â Â Â Prohibition
on local laws that make farm practice a nuisance or trespass
30.936Â Â Â Â Â Â Immunity
from private action based on farming or forest practice on certain lands;
exceptions
30.937Â Â Â Â Â Â Immunity
from private action based on farming or forest practice allowed as preexisting
nonconforming use; exceptions
30.938Â Â Â Â Â Â Attorney
fees and costs
30.939Â Â Â Â Â Â When
use of pesticide considered farming or forest practice
30.940Â Â Â Â Â Â Effect
on other remedies
30.942Â Â Â Â Â Â Rules
30.943Â Â Â Â Â Â Certain
agencies not required to investigate complaints based on farming or forest
practice
30.947Â Â Â Â Â Â Effect
of siting of destination resorts or other nonfarm or nonforest uses
ACTIONS ARISING OUT OF FOOD-RELATED CONDITION
30.961Â Â Â Â Â Â Actions
against sellers of food for food-related condition
30.963Â Â Â Â Â Â Claim
requirements for actions involving food-related conditions
SKIING ACTIVITIES
30.970Â Â Â Â Â Â Definitions
for ORS 30.970 to 30.990
30.975Â Â Â Â Â Â Skiers
assume certain risks
30.980Â Â Â Â Â Â Notice
to ski area operator of injury to skier; injuries resulting in death; statute
of limitations; informing skiers of notice requirements
30.985Â Â Â Â Â Â Duties
of skiers; effect of failure to comply
30.990Â Â Â Â Â Â Operators
required to give skiers notice of duties
ACTIONS FOR INJURY OR DEATH
     30.010
Who may maintain action for injury or death of child. (1) A parent having custody of a child of
the parent may maintain an action for the injury of the child.
     (2) A parent may recover damages for the
death of a child of the parent only under ORS 30.020. [Amended by 1961 c.344 §102;
1973 c.718 §1; 2003 c.14 §16]
     30.020
Action for wrongful death; when commenced; damages. (1) 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 decedentÂ’s surviving spouse, surviving
children, surviving parents and other individuals, if any, who under the law of
intestate succession of the state of the decedentÂ’s domicile would be entitled
to inherit the personal property of the decedent, and for the benefit of any
stepchild or stepparent whether that stepchild or stepparent would be entitled
to inherit the personal property of the decedent or not, may maintain an action
against the wrongdoer, if the decedent might have maintained an action, had the
decedent lived, against the wrongdoer for an injury done by the same act or
omission. The action shall be commenced within three years after the injury
causing the death of the decedent is discovered or reasonably should have been
discovered by the decedent, by the personal representative or by a person for
whose benefit the action may be brought under this section if that person is
not the wrongdoer. In no case may an action be commenced later than the
earliest of:
     (a) Three years after the death of the
decedent; or
     (b) The longest of any other period for
commencing an action under a statute of ultimate repose that applies to the act
or omission causing the injury, including but not limited to the statutes of
ultimate repose provided for in ORS 12.110 (4), 12.115, 12.135, 12.137 and
30.905.
     (2) In an action under this section
damages may be awarded in an amount which:
     (a) Includes reasonable charges
necessarily incurred for doctorsÂ’ services, hospital services, nursing
services, other medical services, burial services and memorial services
rendered for the decedent;
     (b) Would justly, fairly and reasonably
have compensated the decedent for disability, pain, suffering and loss of
income during the period between injury to the decedent and the decedentÂ’s
death;
     (c) Justly, fairly and reasonably
compensates for pecuniary loss to the decedentÂ’s estate;
     (d) Justly, fairly and reasonably
compensates the decedentÂ’s spouse, children, stepchildren, stepparents and
parents for pecuniary loss and for loss of the society, companionship and
services of the decedent; and
     (e) Separately stated in finding or
verdict, the punitive damages, if any, which the decedent would have been
entitled to recover from the wrongdoer if the decedent had lived.
     (3) For the purposes of this section:
     (a) Two persons shall be considered to
have a stepchild-stepparent relationship if one of the biological parents of
the stepchild, while the stepchild is a minor and in the custody of this first
biological parent, marries the stepparent who is not the second biological
parent or the adoptive parent of the stepchild;
     (b) The stepchild-stepparent relationship
shall remain in effect even though the stepchild is older than the age of
majority or has been emancipated;
     (c) The stepchild-stepparent relationship
shall remain in effect even though one or both of the biological parents of the
stepchild die; and
     (d) The stepchild-stepparent relationship
shall end upon the divorce of the biological parent and the stepparent. [Amended
by 1953 c.600 §3; 1961 c.437 §1; 1967 c.544 §1; 1973 c.718 §2; 1991 c.471 §1;
1991 c.608 §1; 1995 c.618 §19]
     30.030
Distribution of damages. (1)
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.
     (2) The personal representative shall make
payment or reimbursement for costs, expenses and fees incurred in prosecution
or enforcement of the claim, action or judgment.
     (3) The personal representative shall make
payment or reimbursement for reasonable charges necessarily incurred for
doctorsÂ’ services, hospital services, nursing services or other medical
services, burial services and memorial services rendered for the decedent.
     (4) If under ORS 30.040 or 30.050 or by
agreement of the beneficiaries a portion of the damages so accepted or
recovered is apportioned to a beneficiary as recovery for loss described in ORS
30.020 (2)(d), the personal representative shall distribute that portion to the
beneficiary.
     (5) The remainder of damages accepted or
recovered shall be distributed to the beneficiaries in the proportions
prescribed under the laws of intestate succession of the state of decedentÂ’s
domicile, but no such damages shall be subject to payment of taxes or claims
against the decedent’s estate. [Amended by 1973 c.718 §3]
     30.040
Apportionment among dependents upon settlement. 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 beneficiaryÂ’s loss. [Amended
by 1973 c.718 §4]
     30.050
Apportionment among dependents after judgment. 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 the beneficiary’s loss. [Amended by 1973 c.718 §5]
     30.060
Appeal from order of distribution or apportionment. 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 was a judgment of the circuit court. [Amended by 1973 c.718 §6]
     30.070
Settlement; discharge of claim.
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 any such claim or judgment,
whether in full or in part, or in an amount agreed upon in compromise, shall
not be required to see that the amount paid is applied or apportioned as
provided in ORS 30.030 to 30.060, but shall be fully discharged from all
liability on payment to the personal representative.
     30.075
Procedure upon death of injured person. (1) 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 injury done by the
same act or omission. The action shall be commenced within the limitations
established in ORS 12.110 by the injured person and continued by the personal
representatives under this section, or within three years by the personal
representatives if not commenced prior to death.
     (2) In any such action the court may award
to the prevailing party, at trial and on appeal, a reasonable amount to be
fixed by the court as attorney fees.
     (3) Subsection (2) of this section does
not apply to an action for damages arising out of injuries that result in
death. If an action for wrongful death under ORS 30.020 is brought, recovery of
damages for disability, pain, suffering and loss of income during the period
between injury to the decedent and the resulting death of the decedent may only
be recovered in the wrongful death action, and the provisions of subsection (2)
of this section are not applicable to the recovery. [1965 c.620 §4; 1971 c.473 §2;
1981 c.810 §1; 1981 c.897 §6; 1995 c.618 §21]
     30.080
Effect of death of wrongdoer.
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 wrongdoer had survived,
except for those damages provided for in ORS 30.020 (2)(e). [Amended by 1953
c.600 §3; 1961 c.437 §2; 1967 c.544 §2; 1973 c.742 §1; 1983 c.662 §1]
     30.085 [1987 c.774 §10; 1997 c.734 §1; renumbered
30.698 in 1997]
     30.090
Appointment of administrator of estate of wrongdoer. 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.
     30.100
Substitution of personal representative as party defendant. 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
     30.110 [Repealed by 1961 c.578 §1 (30.115 enacted
in lieu of 30.110 and 30.120)]
     30.115
Aircraft and watercraft guest passengers; definitions. 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 intoxication of the owner or operator. As used in this section:
     (1) “Payment” means a substantial benefit
in a material or business sense conferred upon the owner or operator of the
conveyance and which is a substantial motivating factor for the transportation,
and it does not include a mere gratuity or social amenity.
     (2) “Gross negligence” refers to
negligence which is materially greater than the mere absence of reasonable care
under the circumstances, and which is characterized by conscious indifference
to or reckless disregard of the rights of others. [1961 c.578 §2 (30.115
enacted in lieu of 30.110 and 30.120); 1979 c.866 §7]
     30.120 [Repealed by 1961 c.578 §1 (30.115 enacted
in lieu of 30.110 and 30.120)]
     30.130
Public carriers by aircraft and prospective aircraft purchasers. 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
     30.135
Liability of certain persons that lend, rent, donate use of, make available for
test drive or otherwise provide motor vehicle. (1) 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 vehicle is negligent in maintaining the motor vehicle or in providing
the motor vehicle and the injury, death or damage results from that negligence.
     (2) The limitation on liability provided
by this section applies only if the person providing the motor vehicle is
engaged in the business of selling, renting, leasing or repairing motor
vehicles and the motor vehicle is provided to another person in the course of
that business.
     (3) The limitation on liability provided
by this section applies only if there is a written agreement between the person
providing the motor vehicle and the person receiving the motor vehicle, and the
agreement specifically indicates that the person receiving the motor vehicle is
liable for any injury, death or damage arising out of the use of the motor
vehicle. The limitation on liability provided by this section applies to
injury, death or damage suffered during the period specified in the written
agreement, or until the return of the motor vehicle, whichever is later.
     (4) The limitation on liability provided
by this section applies without regard to whether the motor vehicle is provided
for consideration or is provided without charge.
     (5) Nothing in this section affects the
liability of a manufacturer, distributor, seller or lessor of a product under
the provisions of ORS 30.900 to 30.920.
     (6) Nothing in this section increases,
reduces or relates to those obligations that a self-insurer may choose to
undertake pursuant to ORS 806.130. Nothing in ORS 806.130 increases, reduces or
relates to the limitations of this section. [1999 c.438 §1; 2001 c.291 §1; 2003
c.331 §1; 2007 c.287 §4]
ACTIONS ON
CERTAIN CONSTRUCTION AGREEMENTS
     30.140
Certain indemnification provisions in construction agreement void. (1) Except to the extent provided under
subsection (2) of this section, any provision in a construction agreement that
requires a person or that personÂ’s surety or insurer to indemnify another
against liability for damage arising out of death or bodily injury to persons
or damage to property caused in whole or in part by the negligence of the
indemnitee is void.
     (2) This section does not affect any
provision in a construction agreement that requires a person or that personÂ’s
surety or insurer to indemnify another against liability for damage arising out
of death or bodily injury to persons or damage to property to the extent that
the death or bodily injury to persons or damage to property arises out of the
fault of the indemnitor, or the fault of the indemnitorÂ’s agents,
representatives or subcontractors.
     (3) As used in this section, “construction
agreement” means any written agreement for the planning, design, construction,
alteration, repair, improvement or maintenance of any building, highway, road
excavation or other structure, project, development or improvement attached to
real estate including moving, demolition or tunneling in connection therewith.
     (4) This section does not apply to:
     (a) Any real property lease or rental
agreement between a landlord and tenant whether or not any provision of the
lease or rental agreement relates to or involves planning, design,
construction, alteration, repair, improvement or maintenance as long as the
predominant purpose of the lease or rental agreement is not planning, design,
construction, alteration, repair, improvement or maintenance of real property;
or
     (b) Any personal property lease or rental
agreement.
     (5) No provision of this section shall be
construed to apply to a “railroad” as defined in ORS 824.200. [1973 c.570 §§1,2;
1987 c.774 §25; 1995 c.704 §1; 1997 c.858 §1; 2007 c.413 §1]
     Note: Section 2, chapter 413, Oregon Laws 2007,
provides:
     Sec.
2. The amendments to ORS
30.140 by section 1 of this 2007 Act apply only to construction agreements
entered into on or after the effective date of this 2007 Act [January 1, 2008].
[2007 c.413 §2]
     30.142 [2001 c.616 §1; renumbered 31.150 in 2003]
     30.144 [2001 c.616 §2; renumbered 31.152 in 2003]
     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]
ACTIONS
AGAINST FORMER EMPLOYER FOR DISCLOSURE OF INFORMATION
     30.178 Liability of employer for
disclosing information about employee to new employer; no action based on compelled
self-publication. (1) An employer who discloses information about a former
employeeÂ’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
disclosure or its consequences. For purposes of this section, the presumption
of good faith is rebutted upon a showing that the information disclosed by the
employer was knowingly false or deliberately misleading, was rendered with malicious
purpose or violated any civil right of the former employee protected under ORS
chapter 659 or 659A.
     (2) A civil action for defamation may not
be maintained against an employer by an employee who is terminated by the
employer based on a claim that in seeking subsequent employment the former
employee will be forced to reveal the reasons given by the employer for the
termination. [1995 c.330 §1; 1997 c.754 §1; 2001 c.621 §68]
ACTIONS
ARISING OUT OF THE PROVISION OF UTILITY SERVICES
     30.180
Definitions for ORS 30.180 to 30.186. As used in ORS 30.180 to 30.186:
     (1) “Customer” means the person in whose
name a utility service is provided.
     (2) “Divert” means to change the intended
course or path of the utility service without the authorization or consent of
the utility.
     (3) “Person” means any individual,
partnership, firm, association, corporation or government agency.
     (4) “Reconnection” means the commencement
of utility service to a customer or other person after service has been
lawfully disconnected by the utility.
     (5) “Tamper” means to rearrange, injure,
alter, interfere with or otherwise prevent from performing the normal or
customary function.
     (6) “Utility” means a private corporation,
a municipal corporation or an agency thereof, any other public corporation or
any district that provides electricity, gas, water, telephone or cable
television to customers on a retail or wholesale basis.
     (7) “Utility service” means the provision
of electricity, gas, water, telephone, cable television, electronic communications,
steam or any other service or commodity furnished by the utility for
compensation. [1989 c.670 §3]
     30.182
Civil action for taking of or tampering with utility services. A utility may bring a civil action for
damages against any person who knowingly and willfully commits, authorizes,
solicits, aids, abets or attempts to:
     (1) Divert, or cause to be diverted,
utility services by any means whatsoever;
     (2) Make, or cause to be made, any
connection or reconnection with property owned or used by the utility to
provide utility service without the authorization or consent of the utility;
     (3) Prevent any utility meter or other
device used in determining the charge for utility services from accurately
performing its measuring function by tampering or by any other means;
     (4) Tamper with any property owned or used
by the utility to provide utility services; or
     (5) Use or receive the direct benefit of
all or a portion of the utility service with knowledge of, or reason to believe
that, the diversion, tampering or unauthorized connection existed at the time
of the use or that the use or receipt was without the authorization or consent
of the utility. [1989 c.670 §1]
     30.184
Amount recoverable; attorney fees. 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 calls. The
utility may recover punitive damages in addition to actual damages. The court
may award reasonable attorney fees and expert witness fees to the prevailing
party in an action under this section. [1989 c.670 §2; 1993 c.217 §1; 1995
c.618 §22]
     30.186
Remedies not exclusive. 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. [1989
c.670 §4]
     30.190 [1981 c.785 §3; 1983 c.521 §3; 1995 c.618 §23;
renumbered 30.198 in 1999]
ACTIONS
ARISING OUT OF THE PROVISION OF CABLE SERVICES
     30.192
Definitions for ORS 30.192 to 30.196. As used in ORS 30.192 to 30.196:
     (1) “Cable operator” means a person who:
     (a) Lawfully provides cable service over a
cable system in which the person, directly or through one or more affiliates,
owns a significant interest; or
     (b) Lawfully controls or is responsible
for the management and operation of a cable system through an arrangement.
     (2) “Cable service” means:
     (a) One-way transmission to subscribers of
a video programming service;
     (b) Two-way interactive services delivered
over a cable system; or
     (c) Any communication with subscribers
necessary for the use of video programming or interactive service.
     (3) “Cable system” means a facility
consisting of closed transmission paths and associated signal operation,
reception and control equipment that is designed to provide cable service. [1999
c.705 §1]
     30.194
Prohibitions relating to cable services. A person shall not knowingly:
     (1) 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;
     (2) Make or maintain, without
authorization from or payment to a cable operator, a connection or connections,
whether physical, electrical, mechanical, acoustical or otherwise with any
cable, wire, component or other device used for the distribution of cable
services, except that nothing in this subsection is intended to make unlawful
circumstances in which the person has attached a wire or cable to extend
authorized or paid cable services to an additional outlet or in which the cable
operator has failed to disconnect previously authorized or paid cable service;
     (3) Modify, alter or maintain a
modification or alteration to a device installed by a cable operator if the
modification or alteration is for the purpose of intercepting or otherwise
receiving cable service without authorization from or payment to the cable
operator;
     (4) Possess, with intent to receive cable
services without authorization from or payment to a cable operator, a printed
circuit board or other device designed in whole or in part to facilitate:
     (a) Receiving cable services offered for
sale over a cable system; or
     (b) Performing or facilitating any act
described in subsections (1) to (3) of this section;
     (5) Manufacture, import into this state,
distribute, sell, lease or offer for sale or lease, with intent to promote the
receipt of cable services without authorization from or payment to a cable
operator, any printed circuit board, plan or other device, or a kit for such a
device, designed in whole or in part to facilitate:
     (a) Receiving cable services offered for
sale over a cable system; or
     (b) Performing or facilitating any act
described in subsections (1) to (3) of this section; or
     (6) Fail to return or surrender, upon
demand and after service has been terminated, equipment provided by a cable
operator to receive cable service. [1999 c.705 §2]
     30.195
Civil action for violation of prohibitions relating to cable services. (1) A cable operator may bring a civil
action for damages against any person who violates any provision of ORS 30.194.
     (2) 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.
     (3) A cable operator who files an action
under this section is not required to plead damages with particularity as a
condition of filing or maintaining the action.
     (4) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (1) if the person is in actual possession of a device that permits the
reception of unauthorized cable services for which payment has not been made
and for which no legitimate purpose exists.
     (5) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (2) if cable service to the personÂ’s business or residence was
disconnected by a cable operator, notice of the disconnection was provided to
the person by certified mail, and a connection exists at the personÂ’s business
or residence after the date of the notice.
     (6) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (3) if the cable operator as standard procedure:
     (a) Places written warning labels on its
converters or decoders indicating that tampering with the devices is a
violation of law and a converter or decoder is found to have been tampered
with, altered or modified to allow the reception of cable services without
authorization from or payment to the cable operator; or
     (b) Seals its converters or decoders with
a label or mechanical device and the label or device has been removed or
broken.
     (7) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (4) if a person possesses 10 or more printed circuit boards or other
devices designed to receive cable services. A person who is found to have
violated ORS 30.194 (4) shall be subject to penalties described in ORS 30.196
(2).
     (8) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (5) if the person made representations to a buyer that the device
offered for sale would allow the purchaser to obtain cable service without
authorization from or payment to a cable operator. A person who is found to
have violated ORS 30.194 (5) shall be subject to penalties described in ORS
30.196 (2).
     (9) In any action brought under this
section, there shall be a rebuttable presumption that a person has violated ORS
30.194 (6) if a cable operator sent to the person by certified mail, at the
most recent address for the person shown in the records of the cable operator,
a written demand for the return of converters, decoders or other equipment
owned by the cable operator. The demand shall allow the person to make
reasonable arrangements to return the equipment within 15 days of receiving the
notice. Reasonable arrangements may include a request that the cable operator
pick up the equipment, subject to the cable operators written policies.
     (10) Statements from a manufacturer or
retailer regarding the intended use or uses of a product shall not constitute a
defense to an alleged violation of ORS 30.194 (5). [1999 c.705 §3]
     30.196
Amount recoverable; attorney fees. (1) 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.
     (2)(a) 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.
     (b) As used in this subsection, “commercial
advantage” does not include any monetary gain realized by a person’s private
use of unauthorized cable services.
     (3) The prevailing party in an action
brought under ORS 30.195 shall be awarded reasonable court costs and attorney
fees and all costs including but not limited to the cost of investigation,
disconnection or reconnection, service calls, labor, equipment and expert
testimony. [1999 c.705 §4]
ACTIONS FOR
INTIMIDATION
     30.198
Civil action for intimidation; remedies; attorney fees; liability of parents. (1) 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 and all persons whose actions are unlawful under
ORS 166.155 and 166.165.
     (2) Upon prevailing in such action, the
plaintiff may recover:
     (a) Both special and general damages,
including damages for emotional distress; and
     (b) Punitive damages.
     (3) The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this section. The
court may award reasonable attorney fees and expert witness fees incurred by a
defendant who prevails in the action if the court determines that the plaintiff
had no objectively reasonable basis for asserting a claim or no reasonable
basis for appealing an adverse decision of a trial court.
     (4) The parent, parents or legal guardian
of an unemancipated minor shall be liable for any judgment recovered against
such minor under this section, in an amount not to exceed $5,000. [Formerly
30.190]
     30.200
Action by district attorney; effect on others. If any district attorney has reasonable
cause to believe that any person or group of persons 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 under this section does not prevent any
person from seeking any other remedy otherwise available under law. [1981 c.785
§4]
ACTIONS ON
OFFICIAL BONDS
     30.210
To whom official bonds are security. 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.
     30.220
Parties. 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 person, against the officer and the
sureties of the officer, to recover the amount to which the person may by
reason thereof be entitled.
     30.230
Leave to begin action.
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 person on behalf of the
plaintiff showing the delinquency; but if the matters set forth in the
affidavit are such that, if true, the party applying would clearly not be
entitled to recover in the action, the leave shall not be granted. If it does
not appear from the complaint that leave has been granted, the defendant on
motion shall be entitled to judgment of dismissal without prejudice; if it
does, the defendant may controvert the allegation, and if the issue be found in
favor of the defendant, judgment shall be given accordingly. [Amended by 1979
c.284 §63]
     30.240
Subsequent delinquencies on same bond. 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.
     30.250
Amount of judgment. 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 the amount that already has been
recovered against the surety.
TORT ACTIONS
AGAINST PUBLIC BODIES
(Generally)
     30.260
Definitions for ORS 30.260 to 30.300. As used in ORS 30.260 to 30.300, unless the context requires otherwise:
     (1) “Department” means the Oregon
Department of Administrative Services.
     (2) “Director” means the Director of the
Oregon Department of Administrative Services.
     (3) “Governing body” means the group or
officer in which the controlling authority of any public body is vested.
     (4) “Public body” means:
     (a) The state and any department, agency,
board or commission of the state;
     (b) Any city, county, school district or
other political subdivision or municipal or public corporation and any
instrumentality thereof;
     (c) Any intergovernmental agency,
department, council, joint board of control created under ORS 190.125 or other
like entity which is created under ORS 190.003 to 190.130, and which does not
act under the direction and control of any single member government;
     (d) Any nonprofit corporation that is
organized and existing under ORS chapter 65 and that has only political
subdivisions or municipal, quasi-municipal or public corporations in this state
as members;
     (e) A private child-caring agency, as
defined in ORS 418.205, that meets the criteria specified in ORS 278.322 (1)(a)
and that receives more than 50 percent of its funding from the state for the
purpose of providing residential treatment to children who have been placed in
the care and custody of the state or that provides residential treatment to
children more than half of whom have been placed in the care and custody of the
state; or
     (f) A private, nonprofit organization that
provides public transportation services if more than 50 percent of the
organizationÂ’s funding for the purpose of providing public transportation
services is received from governmental bodies.
     (5) “State” means the state or any branch,
department, agency, board or commission of the state.
     (6) “Local public body” means any public
body other than the state.
     (7) “Nuclear incident” has the meaning
given that term in 42 U.S.C. 2014(q).
     (8) “Tort” means the breach of a legal
duty that is imposed by law, other than a duty arising from contract or
quasi-contract, the breach of which results in injury to a specific person or
persons for which the law provides a civil right of action for damages or for a
protective remedy. [1967 c.627 §1; 1975 c.609 §11; 1977 c.823 §1; 1981 c.109 §1;
1987 c.915 §9; subsections (7) and (8) enacted as 1987 c.705 §6; 1989 c.905 §1;
1989 c.1004 §2; 1993 c.500 §3; 1997 c.215 §4; 2005 c.684 §1; 2005 c.798 §2]
     30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private,
nonprofit organizations. A
private, nonprofit organization described under ORS 30.260 (4)(f) is subject to
ORS 30.260 to 30.300 only for the purposes of providing public transportation
services. [2005 c.684 §4]
     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 explanation.
     30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260
to 30.300. (1) The following
facilities and training homes are public bodies for the purposes of ORS 30.260
to 30.300:
     (a) 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 percent
of its funding from the state or a political subdivision of the state for the
purpose of providing residential or vocational services to individuals with
mental retardation or developmental disabilities.
     (b) 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 less than 50 percent
of its funding from the state or a political subdivision of the state but that
provides residential or vocational services to individuals with mental
retardation or developmental disabilities, more than half of whom are eligible
for funding for services by the Department of Human Services under criteria
established by the department.
     (2) The provisions of this section apply
only to a nonprofit residential training facility, nonprofit residential
training home or nonprofit facility that provides services to individuals with
mental retardation or developmental disabilities under a contract with:
     (a) The Department of Human Services; or
     (b) A community mental health and
developmental disabilities program established pursuant to ORS 430.620. [1997 c.579
§2; 2001 c.900 §9; 2007 c.70 §8]
     Note: 30.262 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 explanation.
     30.264
Liability insurance for students involved in off-campus experiential
activities; coverage under ORS 30.260 to 30.300. (1) The State Board of Higher Education may
authorize higher education institutions under the control of the board to
provide liability insurance coverage for students involved in off-campus
experiential activities, including, but not limited to, student teaching,
internships, clinical experiences, capstone projects and related activities.
     (2) If commercial liability insurance
coverage is not available to higher education institutions, students
participating in the activities described in subsection (1) of this section
shall be considered to be acting within the course and scope of state
employment duties for purposes of ORS 30.260 to 30.300. [2001 c.370 §2]
     30.265
Scope of liability of public body, officers, employees and agents; liability in
nuclear incident. (1)
Subject to the limitations of ORS 30.260 to 30.300, every public body is
subject to action or suit 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 276.598. The
sole cause of action for any tort of officers, employees or agents of a public
body acting within the scope of their employment or duties and eligible for
representation and indemnification under ORS 30.285 or 30.287 shall be an
action against the public body only. The remedy provided by ORS 30.260 to
30.300 is exclusive of any other action or suit against any such officer,
employee or agent of a public body whose act or omission within the scope of
the officerÂ’s, employeeÂ’s or agentÂ’s employment or duties gives rise to the
action or suit. No other form of civil action or suit shall be permitted. If an
action or suit is filed against an officer, employee or agent of a public body,
on appropriate motion the public body shall be substituted as the only
defendant. Substitution of the public body as the defendant does not exempt the
public body from making any report required under ORS 742.400.
     (2) Every public body 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 an officer, employee or agent of
a public body when such officer, employee or agent is immune from liability.
     (3) Every public body and its officers,
employees and agents acting within the scope of their employment or duties, or
while operating a motor vehicle in a ridesharing arrangement authorized under
ORS 276.598, are immune from liability for:
     (a) Any claim for injury to or death of
any person covered by any workersÂ’ compensation law.
     (b) Any claim in connection with the
assessment and collection of taxes.
     (c) Any claim based upon the performance
of or the failure to exercise or perform a discretionary function or duty,
whether or not the discretion is abused.
     (d) Any claim that is limited or barred by
the provisions of any other statute, including but not limited to any statute
of ultimate repose.
     (e) Any claim arising out of riot, civil
commotion or mob action or out of any act or omission in connection with the
prevention of any of the foregoing.
     (f) Any claim arising out of an act done
or omitted under apparent authority of a law, resolution, rule or regulation
that is unconstitutional, invalid or inapplicable except to the extent that
they would have been liable had the law, resolution, rule or regulation been
constitutional, valid and applicable, unless such act was done or omitted in
bad faith or with malice.
     (4) Subsection (1) of this section applies
to any action of any officer, employee or agent of the state relating to a
nuclear incident, whether or not the officer, employee or agent is acting
within the scope of employment, and provided the nuclear incident is covered by
an insurance or indemnity agreement under 42 U.S.C. 2210.
     (5) Subsection (3)(c) of this section does
not apply to any discretionary act that is found to be the cause or partial
cause of a nuclear incident covered by an insurance or indemnity agreement
under the provisions of 42 U.S.C. 2210, including but not limited to road
design and route selection. [1967 c.627 §§2,3,10; 1969 c.429 §1; 1975 c.609 §12;
1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1;
2005 c.22 §19; 2007 c.803 §4]
     30.266 [1977 c.781 §2; 1981 c.109 §2; 1985 c.731 §20;
1989 c.873 §1; repealed by 1991 c.756 §5]
     30.267
Liability for certain medical treatment at
     (a) Salaried physicians or dentists
employed at any full-time equivalent by the Oregon Health and
     (b) Nonsalaried or courtesy physicians or
dentists affiliated with the Oregon Health and
     (c) Medical, dental or nursing students or
trainees affiliated with the Oregon Health and
     (d) Volunteer physicians or dentists
affiliated with the Oregon Health and
     (e) Any nurses, students, orderlies,
volunteers, aides or employees of the Oregon Health and
     (2) As used in this section:
     (a) “Nonsalaried or courtesy physician or
dentist” means a physician or dentist who receives a fee or other compensation
for those services constituting patient care which are within the scope of
state employment or duties under this section. The term does not include a
physician or dentist described under subsection (1)(a) of this section.
     (b) “Volunteer physician or dentist” means
a physician or dentist who does not receive a salary, fee or other compensation
for those services constituting patient care which are within the scope of
state employment or duties under this section. [1977 c.851 §2]
     30.268
Liability for certain medical treatment at facilities other than
     (a) Provided by members of the Oregon
Health and
     (b) The services provided are within the
scope of the express authorization; and
     (c) The
     (A) Derives revenue in a similar amount or
percentage as it would for care rendered on the Oregon Health and Science
University campus or at an Oregon Health and Science University clinic; or
     (B) Is performing a salaried,
nonfee-generating or volunteer public community or nonfee-generating
educational service by providing the services.
     (2) For the purposes of ORS 30.260 to
30.300, services constituting patient care 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 not within the scope of state
employment or duties when:
     (a) Such services constitute an
exclusively private relationship between the patient and a person described in
subsection (1)(a) of this section; and
     (b) The requirements of subsection (1)(b)
and (c) of this section are not met. [1977 c.851 §3; 1995 c.84 §1]
     30.270
Amount of liability. (1)
Liability of any public body or its officers, employees or agents acting within
the scope of their employment or duties on claims within the scope of ORS
30.260 to 30.300 shall not exceed:
     (a) $50,000 to any claimant for any number
of claims for damage to or destruction of property, including consequential
damages, arising out of a single accident or occurrence.
     (b) $100,000 to any claimant as general
and special damages for all other claims arising out of a single accident or
occurrence unless those damages exceed $100,000, in which case the claimant may
recover additional special damages, but in no event shall the total award of
special damages exceed $100,000.
     (c) $500,000 for any number of claims
arising out of a single accident or occurrence.
     (2) No award for damages on any such claim
shall include punitive damages. The limitation imposed by this section on
individual claimants includes damages claimed for loss of services or loss of
support arising out of the same tort.
     (3) Where the amount awarded to or settled
upon multiple claimants exceeds $500,000, any party may apply to any circuit
court to apportion to each claimant the proper share of the total amount
limited by subsection (1) of this section. The share apportioned each claimant
shall be in the proportion that the ratio of the award or settlement made to
the claimant bears to the aggregate awards and settlements for all claims
arising out of the occurrence.
     (4) Liability of any public body and one
or more of its officers, employees or agents, or two or more officers,
employees or agents of a public body, on claims arising out of a single
accident or occurrence, shall not exceed in the aggregate the amounts limited
by subsection (1) of this section.
     (5) For any claim arising in connection
with a nuclear incident, no provision of this section shall limit the amount of
damages recoverable for injuries or death or loss of or damage to property, or
loss of use of property as a result of a nuclear incident covered by an
insurance or indemnity agreement under 42 U.S.C. 2210. [1967 c.627 §4; 1969
c.429 §2; 1975 c.609 §13; 1987 c.705 §8; 1987 c.915 §13]
     30.275
Notice of claim; time of notice; time of action. (1) 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.
     (2) Notice of claim shall be given within
the following applicable period of time, not including the period, not
exceeding 90 days, during which the person injured is unable to give the notice
because of the injury or because of minority, incompetency or other incapacity:
     (a) For wrongful death, within one year
after the alleged loss or injury.
     (b) For all other claims, within 180 days
after the alleged loss or injury.
     (3) Notice of claim required by this
section is satisfied by:
     (a) Formal notice of claim as provided in
subsections (4) and (5) of this section;
     (b) Actual notice of claim as provided in
subsection (6) of this section;
     (c) Commencement of an action on the claim
by or on behalf of the claimant within the applicable period of time provided
in subsection (2) of this section; or
     (d) Payment of all or any part of the
claim by or on behalf of the public body at any time.
     (4) Formal notice of claim is a written
communication from a claimant or representative of a claimant containing:
     (a) A statement that a claim for damages
is or will be asserted against the public body or an officer, employee or agent
of the public body;
     (b) A description of the time, place and
circumstances giving rise to the claim, so far as known to the claimant; and
     (c) The name of the claimant and the
mailing address to which correspondence concerning the claim may be sent.
     (5) Formal notice of claim shall be given
by mail or personal delivery:
     (a) If the claim is against the state or
an officer, employee or agent thereof, to the office of the Director of the
Oregon Department of Administrative Services.
     (b) If the claim is against a local public
body or an officer, employee or agent thereof, to the public body at its
principal administrative office, to any member of the governing body of the
public body, or to an attorney designated by the governing body as its general
counsel.
     (6) Actual notice of claim is any
communication by which any individual to whom notice may be given as provided
in subsection (5) of this section or any person responsible for administering
tort claims on behalf of the public body acquires actual knowledge of the time,
place and circumstances giving rise to the claim, where the communication is
such that a reasonable person would conclude that a particular person intends
to assert a claim against the public body or an officer, employee or agent of
the public body. A person responsible for administering tort claims on behalf
of a public body is a person who, acting within the scope of the personÂ’s
responsibility, as an officer, employee or agent of a public body or as an
employee or agent of an insurance carrier insuring the public body for risks
within the scope of ORS 30.260 to 30.300, engages in investigation,
negotiation, adjustment or defense of claims within the scope of ORS 30.260 to
30.300, or in furnishing or accepting forms for claimants to provide claim
information, or in supervising any of those activities.
     (7) In an 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, the plaintiff has the burden of
proving that notice of claim was given as required by this section.
     (8) The requirement that a notice of claim
be given under subsections (1) to (7) of this section does not apply if:
     (a)(A) The claimant was under the age of
18 years when the acts or omissions giving rise to a claim occurred;
     (B) The claim is against the Department of
Human Services or the Oregon Youth Authority; and
     (C) The claimant was in the custody of the
Department of Human Services pursuant to an order of a juvenile court under ORS
419B.150, 419B.185, 419B.337 or 419B.527, or was in the custody of the Oregon
Youth Authority under the provisions of ORS 419C.478, 420.011 or 420A.040, when
the acts or omissions giving rise to a claim occurred.
     (b) The claim is against a private,
nonprofit organization that provides public transportation services described
under ORS 30.260 (4)(f).
     (9) Except as provided in ORS 12.120,
12.135 and 659A.875, but notwithstanding any other provision of ORS chapter 12
or other statute providing a limitation on the commencement of an action, an
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 commenced within two years after the alleged loss or injury. [1967
c.627 §5; 1969 c.429 §3; 1975 c.604 §1a; 1975 c.609 §14; 1977 c.823 §3; 1979
c.284 §64; 1981 c.350 §1; 1993 c.500 §4; 1993 c.515 §1; 2001 c.601 §1; 2001
c.621 §89; 2005 c.684 §2]
     30.278
Reporting notice of claim of professional negligence to licensing board. 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 same manner as required by ORS 742.400, the information required by ORS
742.400 to be reported by insurers or self-insured associations. [1987 c.774 §64]
     Note: 30.278 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 30 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     30.280 [1967 c.627 §6; repealed by 1975 c.609 §25]
     30.282
Local public body insurance; self-insurance program; action against program. (1) The governing body of any local public
body may procure insurance against:
     (a) Tort liability of the public body and
its officers, employees and agents acting within the scope of their employment
or duties; or
     (b) Property damage.
     (2) In addition to, or in lieu of
procuring insurance, the governing body may establish a self-insurance program
against the tort liability of the public body and its officers, employees and
agents or against property damage. If the public body has authority to levy
taxes, it may include in its levy an amount sufficient to establish and
maintain a self-insurance program on an actuarially sound basis.
     (3) Notwithstanding any other provision of
law, two or more local public bodies may jointly provide by intergovernmental
agreement for anything that subsections (1) and (2) of this section authorize
individually.
     (4) As an alternative or in addition to
establishment of a self-insurance program or purchase of insurance or both, the
governing body of any local public body and the Oregon Department of
Administrative Services may contract for payment by the public body to the
department of assessments determined by the department to be sufficient, on an
actuarially sound basis, to cover the potential liability of the public body
and its officers, employees or agents acting within the scope of their
employment or duties under ORS 30.260 to 30.300, and costs of administration,
or to cover any portion of potential liability, and for payment by the department
of valid claims against the public body and its officers, employees and agents
acting within the scope of their employment or duties. The department may
provide the public body evidence of insurance by issuance of a certificate or
policy.
     (5) Assessments paid to the department
under subsection (4) of this section shall be paid into the Insurance Fund
created under ORS 278.425, and claims paid and administrative costs incurred
under subsection (4) of this section shall be paid out of the Insurance Fund,
and moneys in the Insurance Fund are continuously appropriated for those
purposes. When notice of any claim is furnished as provided in the agreement,
the claim shall be handled and paid, if appropriate, in the same manner as a
claim against a state agency, officer, employee or agent, without regard to the
amount the local public body has been assessed.
     (6) A self-insurance program established
by three or more public bodies under subsections (2) and (3) of this section is
subject to the following requirements:
     (a) The annual contributions to the
program must amount in the aggregate to at least $1 million.
     (b) The program must provide documentation
that defines program benefits and administration.
     (c) Program contributions and reserves
must be held in separate accounts and used for the exclusive benefit of the
program.
     (d) The program must maintain adequate
reserves. Reserve adequacy shall be calculated annually with proper actuarial
calculations including the following:
     (A) Known claims, paid and outstanding;
     (B) Estimate of incurred but not reported
claims;
     (C) Claims handling expenses;
     (D) Unearned contributions; and
     (E) A claims trend factor.
     (e) The program must maintain an
unallocated reserve account equal to 25 percent of annual contributions, or
$250,000, whichever is greater. As used in this paragraph, “unallocated
reserves” means the amount of funds determined by a licensed independent
actuary to be greater than what is required to fund outstanding claim
liabilities, including an estimate of claims incurred but not reported.
     (f) The program must make an annual
independently audited financial statement available to the participants of the
program.
     (g) The program must maintain adequate
excess or reinsurance against the risk of economic loss.
     (h) The program, a third party
administrator or an owner of a third party administrator may not collect
commissions or fees from an insurer.
     (7) A program operated under subsection
(6) of this section that fails to meet any of the listed requirements for a
period longer than 30 consecutive days shall be dissolved and any unallocated
reserves returned in proportional amounts based on the contributions of the
public body to the public bodies that established the program within 90 days of
the failure.
     (8) A public body as defined in ORS 30.260
(4)(b), (c) or (d) may bring an action against a program operated under
subsection (6) of this section if the program fails to comply with the
requirements listed in subsection (6) of this section. [1975 c.609 §19; 1977
c.428 §1; 1981 c.109 §4; 1985 c.731 §21; 2005 c.175 §2]
     30.285
Public body shall indemnify public officers; procedure for requesting counsel;
extent of duty of state; obligation for judgment and attorney fees. (1) 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.
     (2) The provisions of subsection (1) of
this section do not apply in case of malfeasance in office or willful or wanton
neglect of duty.
     (3) If any civil action, suit or
proceeding is brought against any state officer, employee or agent which on its
face falls within the provisions of subsection (1) of this section, or which
the state officer, employee or agent asserts to be based in fact upon an
alleged act or omission in the performance of duty, the state officer, employee
or agent may, after consulting with the Oregon Department of Administrative
Services file a written request for counsel with the Attorney General. The
Attorney General shall thereupon appear and defend the officer, employee or
agent unless after investigation the Attorney General finds that the claim or
demand does not arise out of an alleged act or omission occurring in the
performance of duty, or that the act or omission complained of amounted to
malfeasance in office or willful or wanton neglect of duty, in which case the Attorney
General shall reject defense of the claim.
     (4) Any officer, employee or agent of the
state against whom a claim within the scope of this section is made shall
cooperate fully with the Attorney General and the department in the defense of
such claim. If the Attorney General after consulting with the department
determines that such officer, employee or agent has not so cooperated or has
otherwise acted to prejudice defense of the claim, the Attorney General may at
any time reject the defense of the claim.
     (5) If the Attorney General rejects
defense of a claim under subsection (3) of this section or this subsection, no
public funds shall be paid in settlement of said claim or in payment of any
judgment against such officer, employee or agent. Such action by the Attorney
General shall not prejudice the right of the officer, employee or agent to
assert and establish an appropriate proceedings that the claim or demand in
fact arose out of an alleged act or omission occurring in the performance of
duty, or that the act or omission complained of did not amount to malfeasance
in office or willful or wanton neglect of duty, in which case the officer,
employee or agent shall be indemnified against liability and reasonable costs
of defending the claim, cost of such indemnification to be a charge against the
Insurance Fund established by ORS 278.425.
     (6) Nothing in subsection (3), (4) or (5)
of this section shall be deemed to increase the limits of liability of any
public officer, agent or employee under ORS 30.270, or obviate the necessity of
compliance with ORS 30.275 by any claimant, nor to affect the liability of the
state itself or of any other public officer, agent or employee on any claim
arising out of the same accident or occurrence.
     (7) As used in this section, “state
officer, employee or agent” includes district attorneys and deputy district
attorneys, special prosecutors and law clerks of the office of district
attorney who act in a prosecutorial capacity, but does not include any other
employee of the office of district attorney or any employee of the justice or
circuit courts whose salary is paid wholly or in part by the county. [1967
c.627 §7; 1975 c.609 §16; 1981 c.109 §5; 1981 c.913 §2; 1985 c.731 §22; 1987
c.763 §1]
     30.287
Counsel for public officer; when public funds not to be paid in settlement;
effect on liability limit; defense by insurer. (1) If any civil action, suit or proceeding
is brought against any officer, employee or agent of a local public body other
than the state 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 request for counsel with the governing body of the
public body. The governing body shall thereupon engage counsel to appear and
defend the officer, employee or agent unless after investigation it is
determined that the claim or demand does not arise out of an alleged act or
omission occurring in the performance of duty, or that the act or omission
complained of amounted to malfeasance in office or willful or wanton neglect of
duty, in which case the governing body shall reject defense of the claim.
     (2) Any officer, employee or agent of a
local public body against whom a claim within the scope of this section is made
shall cooperate fully with the governing body and counsel in the defense of
such claim. If the counsel determines and certifies to the governing body that
such officer, employee or agent has not so cooperated or has otherwise acted in
prejudice of the defense of the claim, the governing body may at any time
reject the defense of the claim.
     (3) If the governing body rejects defense
of a claim under subsection (1) of this section, no public funds shall be paid
in settlement of the claim or in payment of any judgment against such officer,
employee or agent. Such action by the governing body shall not prejudice the
right of the officer, employee or agent to assert and establish in an
appropriate proceedings that the claim or demand in fact arose out of an
alleged act or omission occurring in the performance of duty, or that the act
or omission complained of did not amount to malfeasance in office or willful or
wanton neglect of duty, in which case the officer, employee or agent shall be
indemnified by the public body against liability and reasonable costs of
defending the claim.
     (4) Nothing in subsection (1), (2) or (3)
of this section shall be deemed to increase the limits of liability of any
public officer, agent or employee under ORS 30.270, or relieve any claimant of
the necessity of compliance with ORS 30.275, nor to affect the liability of the
local public body itself or of any other public officer, agent or employee on
any claim arising out of the same accident or occurrence.
     (5) The provisions of this section may be
superseded to the extent that the claim against the public officer, employee or
agent may be defended by any insurer, or may be subject under ORS 30.282 to agreement
with the Oregon Department of Administrative Services, in which case the
provisions of the policy of insurance or other agreement are applicable. [1975
c.609 §20; 1985 c.565 §3; 1989 c.1004 §1]
     30.290
Settlement of claims by local public body. 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 imposed by law or other
charter, appropriate money for the payment of amounts agreed upon. [1967 c.627 §8;
1975 c.609 §17; 1989 c.655 §1]
     30.295
Payment of judgment or settlement; remedies for nonpayment; tax levy for
payment; installment payments.
(1) 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 against the public body except
as otherwise provided in this section.
     (2) If the public body is authorized to
levy taxes that could be used to satisfy a judgment or settlement within the
scope of ORS 30.260 to 30.300, and it has, by resolution, declared that the
following conditions exist, interest shall accrue on the judgment or
settlement, but the same shall not be due and payable until after the canvass
and certification of an election upon a special tax levy for purposes of
satisfying the judgment or settlement:
     (a) The amount of the judgment or
settlement would exceed amounts budgeted for contingencies, tort claims and
projected surplus in the current budget;
     (b) The amount of the judgment or
settlement would exceed 10 percent of the total of the next fiscal yearÂ’s
projected revenues that are not restricted as to use, including the maximum
amount of general property tax that could be levied without election but
excluding any levy for debt service;
     (c) Payment of the judgment or settlement
within less than a certain number of years would seriously impair the ability
of the public body to carry out its responsibilities as a unit of government;
and
     (d) The public body has passed an
appropriate ordinance or resolution calling a special election to submit to its
electors a special levy in an amount sufficient to satisfy the judgment or
settlement.
     (3) A certified copy of the resolution
provided for in subsection (2) of this section shall be filed with the clerk of
the court in which an order permitting installment payments could be entered.
     (4) If the public body is not authorized
to levy taxes as provided in subsection (2) of this section, and it has, by
resolution, declared that the applicable conditions specified in subsection
(2)(a) to (c) of this section exist, it may petition for an order permitting
installment payments as provided in subsection (6) of this section.
     (5)(a) The provisions of subsections (2)
and (4) of this section do not apply to the State of
     (b) Notwithstanding paragraph (a) of this
subsection, if the conditions specified in subsection (4) of this section
exist, the Secretary of State may, under Seal of the State of
     (6) If the procedure specified in
subsections (2) to (5) of this section has been followed, and, with respect to
public bodies subject to subsection (2) of this section, the tax levy failed,
the public body may petition for an order permitting installment payments. The
petition shall be filed in the court in which judgment was entered or, if no
judgment has been entered, it shall be filed in the circuit court of the
judicial district in which the public body has its legal situs. Petitions by
the State of
     (7) The court in which a petition is filed
shall order that the judgment or settlement be paid in quarterly, semiannual or
annual installments over a period of time not to exceed 10 years. The court
shall determine the term of years based upon the ability of the public body to
effectively carry out its governmental responsibilities, and shall not allow a
longer term than appears reasonably necessary to meet that need. The order
permitting installment payments shall provide for annual interest at the
judgment rate. [1967 c.627 §9; 1977 c.823 §4; 2005 c.22 §20]
     30.297
Liability of certain state agencies for damages caused by foster child or youth
offender; conditions; exceptions. (1) 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) 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;
     (b) An approved home that is receiving
payment from the department under the provisions of ORS 418.027 or under the
provisions of ORS 420.810 and 420.815, even though the child is temporarily
absent from that home; or
     (c) A developmental disability child
foster home that has been certified by the department under the provisions of
ORS 443.830 and 443.835, even though the foster child is temporarily absent
from that home.
     (2) Notwithstanding ORS 125.235, the
Oregon Youth Authority is liable for damages resulting from the intentional
torts of a youth offender who is residing in a youth offender foster home that
has been certified by the authority under the provisions of ORS 420.888 to
420.892, even though the youth offender is temporarily absent from that home.
     (3) Except as otherwise provided in this
section, the liability of the department and the authority under this section
is subject to the same requirements and limitations provided in ORS 30.260 to
30.300, and a claim under this section shall be treated as a claim for damages
within the scope of ORS 30.260 to 30.300 for the purposes of ORS 278.120.
     (4) Notwithstanding subsections (1) and
(2) of this section:
     (a) The department and the authority are
not liable for any damages arising out of the operation of a motor vehicle by a
foster child or youth offender; and
     (b) The department and the authority are
only liable for theft by a foster child or youth offender upon a showing by
clear and convincing evidence that the foster child or youth offender committed
the theft.
     (5) For the purposes of this section:
     (a) “Authority” means the Oregon Youth
Authority.
     (b) “Department” means the Department of
Human Services.
     (c) “Foster child” means:
     (A) A minor child under the custody or
guardianship of the department by reason of appointment pursuant to ORS chapter
125, 419A, 419B or 419C;
     (B) A minor child under the physical
custody of the department pursuant to a voluntary agreement with the parent
under ORS 418.015 (1);
     (C) A minor child placed in a certified
foster home, pending hearing, by any person authorized by the department to
make that placement;
     (D) A person under 21 years of age who has
been placed in an approved home that is receiving payment from the department
under the provisions of ORS 418.027 or under the provisions of ORS 420.810 and
420.815; or
     (E) A child residing in a developmental
disability child foster home certified under ORS 443.830 and 443.835.
     (d) “Youth offender” has the meaning given
in ORS 419A.004. [1991 c.756 §2; 1993 c.33 §370; 1995 c.664 §76; 1997 c.130 §1;
1999 c.316 §6; 2001 c.900 §10; 2003 c.232 §1; 2005 c.374 §4]
     Note: 30.297 and 30.298 were added to and made a
part of 30.260 to 30.300 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     30.298
Liability of certain state agencies to foster parents for injury or damage
caused by foster child or youth offender; conditions; limitations. (1) 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) A foster home that is maintained by
the foster parents and that has been certified by the department under the
provisions of ORS 418.625 to 418.645;
     (b) An approved home that is maintained by
the foster parents and that is receiving payment from the department under the
provisions of ORS 418.027 or under the provisions of ORS 420.810 and 420.815;
or
     (c) A developmental disability child
foster home that has been certified by the department under the provisions of
ORS 443.830 and 443.835.
     (2) Except as otherwise provided in this
section, the Oregon Youth Authority 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 youth offender if the youth offender resides in a youth
offender foster home that is maintained by the foster parents and that has been
certified by the authority under the provisions of ORS 420.888 to 420.892.
     (3) Except as otherwise provided in this
section, the liability of the department and of the authority under this
section is subject to the same requirements and limitations provided in ORS
30.260 to 30.300, and a claim under this section shall be treated as a claim
for damages within the scope of ORS 30.260 to 30.300 for the purposes of ORS
278.120.
     (4) Notwithstanding ORS 30.260 to 30.300:
     (a) In no event shall the liability of the
department or the authority under this section exceed $5,000 for any number of
claims arising out of a single occurrence;
     (b) The liability of the department and
the authority under this section is limited to economic damages, and in no
event shall the department or the authority be liable for noneconomic damages;
     (c) The department and the authority are
liable under this section only to the extent the loss is not covered by other
insurance; and
     (d) No claim shall be allowed under this
section unless written notice of the claim is delivered to the Oregon
Department of Administrative Services within 90 days after the alleged loss or
injury.
     (5) The department and the authority are
not liable under this section for:
     (a) Damage to or destruction of currency,
securities or any other intangible property;
     (b) The unexplained disappearance of any
property; or
     (c) Loss or damage that is due to wear and
tear, inherent vice or gradual deterioration.
     (6) In no event does the liability of the
department or the authority under this section for damage to property exceed
the difference between the fair market value of the property immediately before
its damage or destruction and its fair market value immediately thereafter. The
department and the authority are not liable for the costs of any betterments to
the property that may be required by code, statute or other law as a condition
of repair, replacement or reconstruction.
     (7) The liability imposed under this
section is in addition to that imposed for the intentional torts of a foster
child or youth offender under ORS 30.297, but any amounts paid under this
section shall reduce any recovery that may be made under ORS 30.297.
     (8) For the purposes of this section:
     (a) “Authority” means the Oregon Youth
Authority.
     (b) “Department” means the Department of
Human Services.
     (c) “Economic damages” and “noneconomic
damages” have those meanings given in ORS 31.710.
     (d) “Foster child” has that meaning given
in ORS 30.297.
     (e) “Youth offender” has the meaning given
in ORS 419A.004. [1991 c.756 §3; 1997 c.130 §2; 1999 c.316 §11; 2001 c.900 §11;
2003 c.232 §2; 2005 c.374 §5]
     Note: See note under 30.297.
     30.300
ORS 30.260 to 30.300 exclusive.
ORS 30.260 to 30.300 are exclusive and supersede all home rule charter
provisions and conflicting laws and ordinances on the same subject. [1967 c.627
§11]
(Certain
Retired Physicians)
     30.302
Certain retired physicians to be considered agents of public bodies. (1) As used in this section, “retired
physician” means any person:
     (a) Who holds a degree of Doctor of
Medicine or Doctor of Osteopathy or has met the minimum educational
requirements for licensure to practice naturopathic medicine;
     (b) Who has been licensed and is currently
retired in accordance with the provisions of ORS chapter 677 or 685;
     (c) Who is registered with the Oregon
Medical Board as a retired emeritus physician or who complies with the
requirements of the Board of Naturopathic Examiners as a retired naturopath;
     (d) Who registers with the county health
officer in the county in which the physician or naturopath practices; and
     (e) Who provides medical care as a
volunteer without compensation solely through referrals from the county health
officer specified in paragraph (d) of this subsection.
     (2) Any retired physician who treats
patients pursuant to this section shall be considered to be an agent of a
public body for the purposes of ORS 30.260 to 30.300. [1991 c.952 §1]
ACTIONS AND
SUITS BY AND AGAINST GOVERNMENTAL UNITS AND OFFICIALS
     30.310
Actions and suits by governmental units. A suit or action may be maintained by the State of
     (1) Upon a contract made with the public
corporation.
     (2) Upon a liability prescribed by law in
favor of the public corporation.
     (3) To recover a penalty or forfeiture
given to the public corporation.
     (4) To recover damages for injury to the
corporate rights or property of the public corporation.
     30.312
Actions by governmental units under federal antitrust laws. 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 section 4 of the Act of October 15, 1914, ch. 323, as amended prior to
January 1, 1965 (38 Stat. 731, 15 U.S.C. 15). [1965 c.465 §1; 2005 c.22 §21]
     30.315
Proceedings by cities and counties to enforce ordinances and resolutions. (1) 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:
     (a) To collect a fee or charge;
     (b) To enforce a forfeiture;
     (c) To require or enjoin the performance
of an act affecting real property;
     (d) To enjoin continuance of a violation
that has existed for 10 days or more; or
     (e) To enjoin further commission of a
violation that otherwise may result in additional violations of the same or
related penal provisions affecting the public morals, health or safety.
     (2) The remedies provided by this section
are supplementary and in addition to those described in ORS 30.310.
     (3) Nothing in this section shall affect
the limitations imposed on cities and counties by ORS 475A.010 (3) and (4). [1961
c.313 §2; 1963 c.338 §1; 1985 c.626 §1; 1989 c.882 §§1,2]
     30.320
Contract and other actions and suits against governmental units. 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 State of Oregon upon a contract relating to the care and
maintenance of an inmate or patient of any county or state institution. An
action or suit may be maintained against any other public corporation mentioned
in ORS 30.310 for an injury to the rights of the plaintiff arising from some
act or omission of such other public corporation within the scope of its
authority. An action may be maintained against any governmental unit mentioned
in ORS 30.310 for liability in tort only as provided in ORS 30.260 to 30.300.
An action or suit to quiet title may be maintained against any governmental
unit mentioned in ORS 30.310. [Amended by 1959 c.614 §1; 1969 c.429 §4; 1993
c.289 §1]
     30.330
Contracts of Department of Transportation providing for arbitration. 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. [Amended by 2003
c.598 §32]
     30.340
Title of proceedings by or against county; control of proceedings by county court. 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.
     30.350 [Repealed by 1979 c.284 §199]
     30.360
Governmental unit as defendant in actions involving liens on realty. (1) 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 adjudicated. When property has been or is acquired in the name of a
governmental unit upon which there are valid, unpaid special improvement liens
at the time of the acquisition, the governmental unit may be made a party
defendant in a suit to foreclose the lien.
     (2) In any suit, action or proceeding
brought in any circuit court of this state involving the title to real property
where a governmental unit has record title to contested real property, the
governmental unit may be made a party defendant, and its rights or interests
adjudicated.
     (3) In no event shall any money judgment
be rendered or recovery made against a governmental unit in any suit, action or
proceeding brought under the provisions of this section.
     (4) For the purposes of this section, “governmental
unit” means the State of
     30.370
Service of summons on Attorney General; content. 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. [Amended by 1959
c.586 §2; 1979 c.284 §65]
     30.380
Action by assignee of claim for money illegally charged or exacted. 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 to institute or maintain any action or suit for the recovery thereof in
any court in this state.
     30.390
Satisfaction of judgment against public corporation. 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:
     (1) The party in whose favor the judgment
is given may, at any time thereafter, when an execution might issue on a like
judgment against a private person, present a certified copy of the judgment
document, to the officer of the public corporation who is authorized to draw
orders on the treasurer thereof.
     (2) On the presentation of the copy, the
officer shall draw an order on the treasurer for the amount of the judgment, in
favor of the party for whom the judgment was given. Thereafter, the order shall
be presented for payment, and paid, with like effect and in like manner as
other orders upon the treasurer of the public corporation.
     (3) The certified copy provided for in
subsection (1) of this section shall not be furnished by the clerk, unless at
the time an execution might issue on the judgment if the same was against a
private person, nor until satisfaction of the judgment in respect to such money
or damages is acknowledged as in ordinary cases. The clerk shall provide with
the copy a memorandum of such acknowledgment of satisfaction and the entry
thereof. Unless the memorandum is provided, no order upon the treasurer shall
issue thereon. [Amended by 2003 c.576 §185]
     30.395
Settlement of certain claims against municipal corporations; manner of payment. (1) 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 of amounts agreed upon.
     (2) When a judgment is entered or a
settlement is made pursuant to subsection (1) of this section, payment therefor
may be made in the same manner as payment for tort claims under ORS 30.295. [1979
c.630 §2; 1987 c.396 §1]
     30.400
Actions by and against public officers in official capacity. 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
enforced against the officer personally, and the amount thereof shall be
allowed to the officer in the official accounts of the officer.
     30.402 [1991 c.847 §1; renumbered 17.095 in 2003]
INJUNCTIONS
BY PUBLIC SERVANT OR PUBLIC SERVANTÂ’S EMPLOYER
     30.405
Injunction for criminal conduct related to employment or status of public
servant. (1) A public
servant or the public servantÂ’s employer may petition a circuit court for an
order enjoining a person who engages in conduct that:
     (a) Is directed at the public servant;
     (b) Relates to the public servant’s
employment or the public servantÂ’s status as an elected or appointed public
servant; and
     (c) Constitutes any of the following
crimes:
     (A) Obstructing governmental or judicial
administration under ORS 162.235.
     (B) Assault under ORS 163.160, 163.165,
163.175 or 163.185.
     (C) Menacing under ORS 163.190.
     (D) Criminal trespass in the first degree
under ORS 164.255.
     (E) Disorderly conduct under ORS 166.025.
     (F) Harassment under ORS 166.065.
     (G) Telephonic harassment under ORS
166.090.
     (2) The petitioner has the burden of proof
by a preponderance of the evidence under subsection (1) of this section. An
order issued under this section is valid for one year after entry in the
register of the court or until vacated by the court, whichever occurs first.
     (3) Contempt proceedings against a person
who violates an order issued by a circuit court under subsection (1) of this
section shall be as provided in ORS 33.055 or 33.065.
     (4) As used in this section, “public
servant” has the meaning given that term in ORS 162.005. [2005 c.158 §1]
     Note: 30.405 and 30.407 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter 30
or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     30.407
Request for hearing following issuance of order under ORS 30.405. (1) 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.
     (2) Upon the filing of a request under
this section, the clerk of the court shall mail a copy of the request to the petitioner
in the matter and shall notify the petitioner and the person filing the request
of the date and time set for the hearing. [2005 c.158 §2]
     Note: See note under 30.405.
RECOVERY OF
FINES AND FORFEITURES
     30.410
In whose name action brought.
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.
     30.420
Venue of action for forfeiture.
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.
     30.430
Amount of penalty. 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.
     30.440
Judgment by collusion not a bar. 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.
     30.450
Disposition of fines and forfeitures. Fines and forfeitures not specially granted or otherwise appropriated
by ORS 137.017, or other law, when recovered, shall be paid into the treasury
of the proper county. [Amended by 1981 s.s. c.3 §110; 1995 c.658 §27]
     30.460
Payment of fines or costs in proceeding to enforce county ordinance or resolution;
defendant personally liable.
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 for payment in the County
Clerk Lien Record. [1985 c.626 §3; 1999 c.1051 §241]
VOLUNTEERS
TRANSPORTING OLDER PERSONS AND PERSONS WITH DISABILITIES
     30.475
Legislative policy. In
enacting ORS 30.480 and 30.485, the Legislative Assembly of the State of
     (1) 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 transportation and other necessary assistance;
     (2) That public resources are not adequate
to provide dependable transportation to persons with disabilities and older
persons, and that it is in the best interest of this state to encourage
volunteers to provide transportation services to OregonÂ’s people with
disabilities and older people;
     (3) That the threat or fear of personal
liability arising from the provision of transportation services to persons with
disabilities and older persons seriously discourages individuals from providing
services on a volunteer basis;
     (4) That the policy of this state is to
encourage volunteers to provide such transportation services; and
     (5) That, therefore, persons who qualify
under ORS 30.480 must be protected from the threat of unlimited personal
liability arising from the provision of volunteer transportation services, and
that ORS 30.475 to 30.485 shall be liberally construed in favor of such persons
in order to promote fully the foregoing policies. [1983 c.468 §1; 1989 c.224 §5;
2007 c.70 §9]
     30.480
Limitation on liability of volunteers; conditions. (1) 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 volunteer transportation services shall be limited as
provided in this section. When volunteer transportation services are provided
to five or fewer persons at one time, the liability of the provider of the
volunteer transportation services shall not exceed the greater of the amount of
coverage under the terms of the providerÂ’s motor vehicle liability insurance
policy, as described in ORS 806.080, or the amounts specified in ORS 806.070
for future responsibility payments for:
     (a) Bodily injury to or death of any one
person to whom the transportation services are provided, in any one accident.
     (b) Bodily injury to or death of two or
more persons to whom the transportation services are provided, in any one
accident.
     (c) Injury to or destruction of the
property of one or more persons to whom the transportation services are
provided, in any one accident.
     (2) Notwithstanding the amount specified
in subsection (1)(b) of this section by reference to ORS 806.070, if a
qualified provider of transportation services provides the services to more
than five persons, but not more than 16, at one time who have disabilities or
who are 55 years of age or older, under the conditions described in subsection
(4) of this section, the liability under subsection (1)(b) of this section
shall not exceed the greater of the amount of coverage under the terms of the
providerÂ’s motor vehicle liability insurance policy or $300,000. The limitations
on liability provided by ORS 30.475, 30.480 and 30.485 do not apply when
volunteer transportation services are provided to 17 or more persons at one
time who have disabilities or who are 55 years of age or older.
     (3) The following persons qualify for the
limitation on liability under subsections (1) and (2) of this section:
     (a) The person who provides or sponsors
transportation services.
     (b) The owner of the vehicle in which
transportation services are provided.
     (c) The person who operates the vehicle in
which transportation services are provided.
     (4) The limitation on liability under
subsections (1) and (2) of this section applies to a person qualified under
subsection (3) of this section only under the following conditions:
     (a) If the person is an individual, the
individual must hold a valid
     (b) The person must provide the
transportation services on a nonprofit and voluntary basis. However, this
paragraph does not prohibit a sponsor of transportation services from reimbursing
an operator of a private motor vehicle providing the services for actual
expenses incurred by the operator. If an operator is paid, that operator is
qualified only if operating as an emergency operator.
     (c) The person providing the
transportation services must not receive from the persons using the services
any substantial benefit in a material or business sense that is a substantial
motivating factor for the transportation. A contribution or donation to the
provider of the transportation services other than the operator of the motor
vehicle or any mere gratuity or social amenity shall not be a substantial
benefit under this paragraph.
     (d) Except as provided in paragraph (c) of
this subsection, the transportation services must be provided without charge to
the person using the services.
     (5) The amounts received by a person with
a disability or a person 55 years of age or older under the personal injury
protection provisions of the insurance coverage of a person who qualifies for
the limitation on liability under this section shall not reduce the amount that
the person may recover under subsection (1) or (2) of this section.
     (6) The liability of two or more persons
whose liability is limited under this section, on claims arising out of a
single accident, shall not exceed in the aggregate the amounts limited by
subsection (1) or (2) of this section.
     (7) This section does not apply in the
case of an accident or injury if the accident or injury was intentional on the
part of any person who provided the transportation services or if the accident
or injury was caused by the personÂ’s gross negligence or intoxication. For
purposes of this subsection, gross negligence is negligence which is materially
greater than the mere absence of reasonable care under the circumstances, and
which is characterized by conscious indifference to or reckless disregard of
the rights of others.
     (8) For purposes of this section, a person
has a disability if the person has a physical or mental disability that for the
person constitutes or results in a functional limitation to one or more of the
following activities: Self-care, ambulation, communication, transportation,
education, socialization or employment. [1983 c.468 §2; 1985 c.16 §443; 1987
c.915 §7; 1989 c.224 §6; 2007 c.70 §10]
     30.485
Apportionment of damages; insurance issues excluded from jury consideration. (1) 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.
     (2) If the amount settled upon by multiple
claimants exceeds the total amount limited under ORS 30.480 (1) or (2), any
party may apply to any circuit court to apportion a proper share of that total
amount to each claimant to whom ORS 30.480 (1) or (2) applies.
     (3) The share apportioned under subsection
(1) or (2) of this section to each claimant to whom ORS 30.480 (1) or (2)
applies shall be in the proportion that the ratio of the award or settlement
made to the claimant bears to the aggregate awards and settlements for all
claims arising out of the occurrence that are made by all claimants to whom ORS
30.480 (1) or (2) applies.
     (4) Nothing in this section or ORS 30.480
authorizes the issues of insurance coverage or the amount of insurance coverage
to be presented to a jury. [1983 c.468 §3]
VOLUNTEERS
PROVIDING ASSISTANCE OR ADVICE IN RESPONSE TO DISCHARGE OF HAZARDOUS MATERIAL
OR RELATING TO COMPLIANCE WITH DISPOSAL LAWS
     30.490
Definitions for ORS 30.490 to 30.497. As used in ORS 30.490 to 30.497:
     (1) “Discharge” means any leakage, seepage
or any other release of hazardous material.
     (2) “Hazardous material” means:
     (a) Hazardous waste as defined in ORS
466.005;
     (b) Hazardous substances as defined in ORS
453.005;
     (c) Radioactive waste as defined in ORS
469.300;
     (d) Uranium mine overburden or uranium
mill tailings, mill wastes or mill by-product materials;
     (e) Radioactive substance as defined in
ORS 453.005;
     (f) Any substance designated by the United
States Department of Transportation as hazardous pursuant to the Hazardous
Materials Transportation Act, 49 U.S.C. 5101 et seq., P.L. 93-633, as amended;
and
     (g) Any substance that the Environmental
Protection Agency designates as hazardous pursuant to:
     (A) The federal Toxic Substances Control
Act, 15 U.S.C. 2601 to 2671; or
     (B) The federal Resource Conservation and
Recovery Act, 42 U.S.C. 6901 to 6992, P.L. 94-580, as amended.
     (3) “Person” means an individual,
corporation, association, firm, partnership, joint stock company or state or
local government agency. [1985 c.376 §1; 1991 c.480 §9; 2005 c.22 §22]
     30.492
Limitation on liability of volunteer providing assistance or advice related to
mitigation or cleanup of discharge of hazardous material. (1) 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:
     (a) Mitigating or attempting to mitigate
the effects of an actual or threatened discharge of hazardous material; or
     (b) Preventing, cleaning up or disposing
of or in attempting to prevent, clean up or dispose of any discharge of
hazardous material.
     (2) Except as provided in ORS 30.495 and
30.497, no state or local agency may assess a civil or criminal penalty against
a person for voluntarily providing assistance or advice directly related to:
     (a) Mitigating or attempting to mitigate
the effects of an actual or threatened discharge of hazardous material; or
     (b) Preventing, cleaning up or disposing
of or in attempting to prevent, clean up or dispose of any discharge of
hazardous material. [1985 c.376 §2]
     30.495
Exceptions to limitation.
The immunity provided in ORS 30.492 shall not apply to any person:
     (1) 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
     (2) Who receives compensation other than
reimbursement for expenses for the personÂ’s service in rendering such assistance
or advice. [1985 c.376 §3]
     30.497
When limitation on liability not applicable. Nothing in ORS 30.492 shall be construed to limit or otherwise affect
the liability of any person for damages resulting from the personÂ’s gross
negligence or from the personÂ’s reckless, wanton or intentional misconduct. [1985
c.376 §4]
     30.500
Definitions for ORS 30.500 and 30.505. As used in this section and ORS 30.505:
     (1) “Generator” has the meaning given that
term in ORS 466.005.
     (2) “Person” means an individual, corporation,
association, firm, partnership, joint stock company or state or local
government agency. [1987 c.332 §1]
     30.505
Limitation on liability of volunteer providing assistance relating to
compliance with hazardous waste disposal laws; exceptions. (1) 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.
     (2) The immunity provided in subsection
(1) of this section shall not apply to:
     (a) Any person whose act or omission
caused in whole or in part the occurrence resulting in the damages for which
the action is brought and who would otherwise be liable for the damages.
     (b) Any person who receives compensation
other than reimbursement for expenses for the personÂ’s service in providing
such assistance, training or advice.
     (c) The liability of any person for
damages resulting from the personÂ’s gross negligence or from the personÂ’s
reckless, wanton or intentional misconduct.
     (d) Any activity for which a person is
otherwise strictly liable without regard to fault. [1987 c.332 §2]
ACTIONS FOR
USURPATION OF OFFICE OR FRANCHISE; TO ANNUL CORPORATE EXISTENCE; TO ANNUL
LETTERS PATENT
     30.510
Action for usurpation of office or franchise, forfeiture of office or failure
to incorporate. 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:
     (1) 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 office in a corporation either public or
private, created or formed by or under the authority of this state; or,
     (2) When any public officer, civil or
military, does or suffers an act which, by the provisions of law, makes a
forfeiture of the office of the public officer; or,
     (3) When any association or number of
persons acts within this state, as a corporation, without being duly
incorporated.
     30.520
Joinder of defendants.
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.
     30.530
Determining right of person claiming an office or franchise. 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 thereto. In such case, judgment may be given upon the right of the
defendant, and also upon the right of the person so alleged to be entitled, or
only upon the right of the defendant, as justice may require.
     30.540
Rights of person adjudged entitled to office or franchise. 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 possession of all the books, papers and property belonging thereto.
     30.550
Action for damages. 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. [Amended by 1973 c.836 §320; 1981 c.898 §35]
     30.560
Judgment against usurper; imposition of fine. 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 impose a fine upon the
defendant not exceeding $2,000.
     30.570
Action to annul corporate existence on direction of Governor. 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
by the persons incorporated, or some of them, or with their knowledge and
consent; or for annulling the existence of a corporation formed under any
general law of this state, on the ground that such incorporation, or any
renewal or modification thereof, was procured in like manner.
     30.580
Action to annul corporate existence on leave of court. 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:
     (1) Offend against any of the provisions
of an Act creating, renewing, or modifying such corporation, or the provisions
of any general law under which it became incorporated;
     (2) Violate the provisions of any law, by
which such corporation forfeits its charter, by abuse of its powers;
     (3) Whenever it has forfeited its
privileges or franchises, by failure to exercise its powers;
     (4) Whenever it has done or omitted any
act, which amounts to a surrender of its corporate rights, privileges and
franchises; or,
     (5) Whenever it exercises a franchise or
privilege not conferred upon it by law.
     30.590
Judgment against corporation.
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.
     30.600
Action to annul letters patent.
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:
     (1) When the letters patent were issued by
means of some fraudulent suggestion or concealment of a material fact by the
person to whom the letters were issued, or with the knowledge and consent of
the person;
     (2) When the letters patent were issued
through mistake or in ignorance of a material fact; or
     (3) When the patentee, or those claiming
under the patentee, have done or omitted an act, in violation of the terms and
conditions on which the letters patent were issued, or have by any other means
forfeited the interest acquired under the letters. [Amended by 2001 c.104 §8]
     30.610
Prosecutor; verification of pleadings; affidavit for leave of court; relator as
coplaintiff. 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 provided in ORCP 17; in all other
cases the pleadings shall be signed by the district attorney in like manner or
otherwise as provided in ORCP 17. When an action can only be commenced by
leave, as provided in ORS 30.580, the leave shall be granted when it appears by
affidavit that the acts or omissions specified in that section have been done
or suffered by the corporation. When an action is commenced on the information
of a private person, as allowed in ORS 30.510, having an interest in the
question, such person, for all the purposes of the action, and as to the effect
of any judgment that may be given therein, shall be deemed a coplaintiff with
the state. [Amended by 1979 c.284 §66]
     30.620
Duty of district attorney.
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 public interest, whenever the
district attorney has reason to believe that a cause of action exists and can
be proven, and also for like reasons in every case of private interest only in
which satisfactory security is given to the state to indemnify it against the
costs and expenses that may be incurred thereby.
     30.630
Filing copy of judgment with Secretary of State. 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. [Amended by 1991 c.111 §3]
     30.640
Enforcement of judgment. 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. [Amended by 1981 c.898 §36]
ACTIONS
AGAINST PUBLIC BODY BY INMATES
     30.642
Definitions for ORS 30.642 to 30.650. As used in ORS 30.642 to 30.650:
     (1) “Action against a public body” means a
civil action, appeal or petition for review that names as a defendant a public
body, as defined in ORS 30.260, or names as a defendant any officer, employee
or agent of a public body, as defined in ORS 30.260. “Action against a public
body” does not include petitions for writs of habeas corpus, petitions for
writs of mandamus and petitions for post-conviction relief under ORS 138.510 to
138.680.
     (2) “Correctional facility” means a
Department of Corrections institution or a jail.
     (3) “Inmate” means any person incarcerated
or detained in any correctional facility who is accused of, convicted of or
sentenced for a violation of criminal law or for the violation of the terms and
conditions of pretrial release, probation, parole, post-prison supervision or
diversion program. [1999 c.657 §1]
     30.643
Waiver or deferral of fees and costs in action against public body by inmate. (1) If an inmate seeks to file an action
against a public body, the fees and court costs of the inmate may be waived or
deferred only in the manner provided by this section.
     (2) Any inmate seeking waiver or deferral
of fees or court costs must submit with the application for waiver or deferral
a certified copy of the inmateÂ’s trust account statement for the six-month
period immediately preceding the filing of the complaint, petition, notice of
appeal or petition for review. The statement must be certified as correct by an
official of each correctional facility in which the inmate was confined within
the six-month period or by an employee of the Department of Corrections charged
with the responsibility of overseeing inmate trust accounts.
     (3) Upon the filing of a statement under
subsection (2) of this section, the court shall review the information in the
statement relating to deposits in the inmateÂ’s trust account and any other
resources available to the inmate. The court may only waive the inmateÂ’s fees
and court costs if the court determines that the inmate has no funds and will
not have funds.
     (4) If the court makes a determination
that an inmate has or will have funds to pay fees and court costs, the court
shall require full payment of the filing fees and court costs, or, if funds are
not immediately available in the inmateÂ’s trust account, shall assess and
collect filing fees and court costs as funds become available in the inmateÂ’s trust
account.
     (5) On its own motion or on the motion of
the public body, the court may review the pleadings of the inmate in an action
against a public body at the time a request for waiver or deferral of filing
fees or court costs is made. If the court finds that the pleadings fail to
state a claim for which relief may be granted, the court may decline to waive
or defer filing fees or court costs. The court shall enter a denial of waiver
or deferral of fees and costs under this subsection as a limited judgment.
Notwithstanding the time established by statute for the commencement of an
action, if a limited judgment is entered under this subsection within 30 days
of the expiration of the time allowed for commencing the action, the inmate may
commence the action not later than 45 days after the judgment is entered. Only
one extension of the time allowed for commencing an action may be granted by
the court under this section.
     (6) Nothing in this section shall be
construed as preventing an inmate from bringing an action against a public body
because the inmate has no assets or means by which to pay the initial partial
filing fee as provided under this section. [1999 c.657 §2; 2005 c.530 §1; 2007
c.493 §11]
     30.645
Waiver or deferral of fees after three dismissals of action. (1) Except as provided in subsection (2) of
this section, the court may not waive or defer an inmateÂ’s fees or court costs
under ORS 30.643 if the inmate 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 the grounds that
the action:
     (a) Was frivolous or malicious;
     (b) Failed to state a claim upon which
relief could be granted; or
     (c) Sought monetary relief from a
defendant who is immune from a claim for monetary relief.
     (2) The court may waive or defer fees or
court costs of an inmate who would not otherwise be eligible for waiver or
deferral under subsection (1) of this section if the inmate establishes in the
application for waiver or deferral that the inmate is in imminent danger of
serious physical injury and the action against a public body is needed to seek
relief from that danger. [1999 c.657 §3; 2007 c.493 §12]
     30.646
Payment of costs under judgment against inmate. (1) If an inmate files an action against a
public body and a judgment is entered that requires the inmate to pay costs to
the public body, the inmate must pay the full amount of the costs ordered.
     (2) Payment for costs under this section shall
be made by deductions from the income credited to the inmateÂ’s trust account. [1999
c.657 §4]
     30.647
Dismissal of inmate action during proceedings. (1) If fees or court costs of an inmate have
been waived or deferred under ORS 30.643, a court shall dismiss the case if at
any time the court determines that the inmate 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.
     (2) If an inmate’s fees or court costs
have been waived or deferred under ORS 30.643, a court shall dismiss the case
if at any time the court determines that each claim in the action, petition or
appeal:
     (a) Is frivolous or malicious;
     (b) Fails to state a claim upon which
relief may be granted, and the court denies leave to amend; or
     (c) Seeks monetary relief against a
defendant who is immune from a claim for monetary relief.
     (3) Upon appeal of any dismissal under
this section, the Court of Appeals on its own motion, or on the motion of the
respondent, may summarily affirm the judgment of the trial court, with or
without submission of briefs and without oral argument, if the Court of Appeals
determines that the appeal does not present a substantial question of law.
Notwithstanding ORS 2.570, the Chief Judge of the Court of Appeals may deny a
respondentÂ’s motion for summary affirmance under this subsection or may grant
the motion if the petitioner does not oppose the motion. A dismissal of an
appeal under this subsection constitutes a decision on the merits of the case. [1999
c.657 §5; 2007 c.493 §13]
     30.650
Award of noneconomic damages in inmate action. Noneconomic damages, as defined in ORS
31.710, may not be awarded to an inmate in an action against a public body
unless the inmate has established that the inmate suffered economic damages, as
defined in ORS 31.710. [1999 c.657 §6]
ACTIONS BASED
ON COMPUTER DATE FAILURE
     30.655
Definitions for ORS 30.655 to 30.665. As used in ORS 30.655 to 30.665:
     (1) “Computer” means an electronic,
magnetic, optical electrochemical or other high-speed data processing device
that performs logical, arithmetic or memory functions by the manipulations of
electronic or magnetic impulses and includes all input, output, processing,
storage or communication facilities that are connected or related to the
device. “Computer” includes a component of a computer, such as a
microprocessor, memory chip, storage device or input or output device.
     (2) “Computer date failure” means:
     (a) The inability of a computer product or
computer service to properly handle or process dates of calendar year 1999 or
subsequent years; or
     (b) An incompatibility between:
     (A) A computer product or computer
service; and
     (B) Any other product, service or
electronic data in any form, with respect to the handling or processing of
dates of calendar year 1999 or subsequent years.
     (3) “Computer network” means the
interconnection of two or more computers or computer systems by satellite,
microwave, line or other communication medium with the capability to transmit
information among the computers.
     (4) “Computer product” includes a
computer, computer network, computer program, computer software, computer
system or any component of any of those items.
     (5) “Computer program” means an ordered
set of data representing coded instructions or statements that when executed by
a computer causes the computer to process data or perform specific functions.
     (6) “Computer service” means the product
of the use of a computer, the information stored in the computer or the
personnel supporting the computer, including time, data processing and storage
functions.
     (7) “Computer software” means a set of
computer programs, procedures and associated documentation related to the
operation of a computer, computer system or computer network.
     (8) “Computer system” means any
combination of a computer or computer network with the documentation, computer
software or physical facilities supporting the computer or computer network. [1999
c.810 §1]
     30.656
Action for computer date failure. (1) A person may not bring an action for damages caused by a computer
date failure unless the complaint in the action alleges with specificity a
material defect in a computer product that caused the computer date failure and
that caused the damages that are alleged to have resulted from the computer
date failure.
     (2) Notwithstanding any other provision of
law, an action for damages caused by a computer date failure may not be brought
by any person later than two years from the date that the person discovered, or
in the exercise of reasonable diligence should have discovered, that the
computer product or computer service had experienced a computer date failure.
     (3) Except as provided in subsection (4)
of this section, a person must bring an action against a manufacturer or seller
of a computer product or computer service for damages caused by a computer date
failure no later than eight years after the product or the service was first
purchased for use or consumption in this state. This subsection does not apply to
a manufacturer or seller that expressly warranted that the product would not
experience a computer date failure.
     (4) If a manufacturer or seller of an item
that contains a computer product expressly warranted to a person that the item
had a useful safe life longer than eight years, the person must bring an action
against the manufacturer or seller for damages caused by a computer date
failure before the end of the time period warranted by the manufacturer or
seller as the useful safe life of the item. [1999 c.810 §2]
     30.658
     (2) A person given notice under this
section must be provided with at least three months to cure the failure or to
make restitution.
     (3) If a claimant commences an action
against a defendant for harm caused by a computer date failure without
providing the defendant an opportunity to cure the failure or to make
restitution, the court shall dismiss the action. [1999 c.810 §3]
     30.660
Affirmative defense; notice and repair. (1) It is an affirmative defense to civil liability for damages caused
by a computer date failure that:
     (a) The defendant notified buyers of the
computer product or computer service that the product or service may experience
a computer date failure;
     (b) The defendant offered to repair,
replace or upgrade the product or service, or the component that would
experience the computer date failure, at no cost to the buyer other than
reasonable and customary charges for shipping, handling and installing the
items needed to repair, replace or upgrade the product, service or component;
and
     (c) The tendered repair, replacement or
upgrade would have avoided the harm caused by the computer date failure.
     (2) The notice issued under subsection (1)
of this section must:
     (a) Identify the product, service or
component supplied by the defendant that could experience a computer date
failure; and
     (b) Explain how the buyer may repair,
replace or upgrade the product, service or component if repair, replacement or
upgrade is available.
     (3) Notice under subsection (1) of this
section must be sent or published at least three months before the date of the
computer date failure and not more than three years before that date.
     (4) A defendant meets the requirement of
notice under subsection (1) of this section if the defendant:
     (a) Timely delivers the notice to the
claimant;
     (b) Timely sends the notice to all
registered buyers by mail, courier, electronic mail or fax to the last known
address or fax number provided by the buyer; or
     (c) Timely publishes the notice on the
defendant’s Internet site, if the defendant has a site. [1999 c.810 §4]
     30.661
Affirmative defense; reliance.
(1) In an action for fraud, misrepresentation, breach of warranty or other
similar action based on the alleged falsity or misleading character of a
statement relating to the susceptibility of a computer product, computer
service or component to computer date failure, it is an affirmative defense to
liability for harm caused by a computer date failure that the defendant:
     (a) Relied on the representation or
express warranty of a vendor or supplier of the computer product or computer
service who is independent of the defendant that the product, service or
component would not experience a computer date failure; and
     (b) The defendant did not have actual
knowledge that the representation or warranty was not true.
     (2) For the purposes of subsection (1)(a)
of this section, a representation by a vendor or supplier of the computer
product, computer service or component that a product, service or component is “Year
2000 Compliant” or “Millennium Bug Free” or complies with a computer date
standard established by a state or federal regulatory agency or a national or
international service organization, or any similar representation, satisfies
the condition of a representation or express warranty. [1999 c.810 §5]
     30.662
Affirmative defense; compliance testing. (1) It is an affirmative defense to civil liability for harm caused by
a computer date failure of a computer product or computer service that:
     (a) The defendant examined the product or
service to determine if it would experience a computer date failure;
     (b) The defendant repaired, replaced or
upgraded the product or service, or a component of the product or service,
identified in the examination as subject to computer date failure;
     (c) The defendant tested the product or
service, or the component of the product or service, after it was repaired to
determine if it would experience a computer date failure; and
     (d) The product or service successfully
passed the test.
     (2) A defendant may satisfy all or part of
the requirements of this section through an independent contractor. [1999 c.810
§6]
     30.664
Punitive damages. In an
action to recover damages for harm caused by a computer date failure, a court
may award punitive damages against a defendant only if the claimant proves by
clear and convincing evidence that the defendant acted fraudulently or with
malice. [1999 c.810 §8]
     30.665
Applicability. (1) Except as
provided in this section, ORS 30.655 to 30.665 apply to any action in which a
claimant seeks recovery of damages for harm caused by a computer date failure,
regardless of the legal theory or statute on which the action is based,
including an action based in tort, contract or breach of an express or implied
warranty. ORS 30.655 to 30.665 also apply to any action based on an alleged
failure to properly detect, disclose, prevent, report or remedy a computer date
failure.
     (2) ORS 30.655 to 30.665 do not apply to
any action to collect workersÂ’ compensation benefits under the workersÂ’
compensation laws of this state.
     (3) ORS 30.655 to 30.665 do not create any
duty or any cause of action.
     (4) ORS 30.655 to 30.665 shall not be
construed to limit or restrict the right of parties to enter into written
agreements on the issues of liability and damages for a computer date failure.
ORS 30.655 to 30.665 do not limit the right of parties to recover damages in
accordance with the terms of written agreements.
     (5) ORS 30.655 to 30.665 do not affect the
rights or obligations of parties under a contract of insurance. [1999 c.810 §9]
     30.670 [1953 c.495 §1; 1973 c.714 §1; 2001 c.621 §16;
renumbered 659A.403 in 2001]
     30.675 [1953 c.495 §2; 1957 c.724 §1; 1961 c.247 §1;
1973 c.714 §2; renumbered 659A.400 in 2001]
     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]
ACTIONS
ARISING OUT OF EQUINE ACTIVITIES
     30.687
Definitions for ORS 30.687 to 30.697. For the purposes of ORS 30.687 to 30.697:
     (1) “Equine” means a horse, pony, mule,
donkey or hinny.
     (2) “Equine activity” means:
     (a) 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 events, combined training,
rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding
and western games and hunting;
     (b) Equine training, grooming, breeding
and teaching activities;
     (c) Boarding equines;
     (d) Riding, inspecting or evaluating an
equine belonging to another whether or not the owner has received some monetary
consideration or other thing of value for the use of the equine or is
permitting a prospective purchaser of the equine to ride, inspect or evaluate
the equine; and
     (e) Rides, trips, hunts or other equine
activities of any type however informal or impromptu that are sponsored by an
equine activity sponsor.
     (3) “Equine activity sponsor” means an
individual, group or club, partnership or corporation, whether or not the
sponsor is operating for profit or nonprofit, that sponsors, organizes or
provides the facilities for an equine activity, including but not limited to
pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored
classes and programs, therapeutic riding programs and operators, instructors,
and promoters of equine facilities, including but not limited to stables,
clubhouses, pony ride strings, fairs and arenas at which the activity is held.
     (4) “Equine professional” means a person
engaged for compensation:
     (a) In instructing a participant or
renting to a participant an equine for the purpose of riding, training,
driving, grooming or being a passenger upon the equine; or
     (b) In renting equipment or tack to a
participant.
     (5) “Participant” means any person,
whether amateur or professional, who directly engages in an equine activity, whether
or not a fee is paid to participate in the equine activity. “Participant” does
not include a spectator at an equine activity or a person who participates in
the equine activity but does not ride, train, drive, groom or ride as a
passenger upon an equine. [1991 c.864 §2; 1995 c.211 §2]
     30.689
Policy. (1) 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.
     (2) It is the policy of the State of
     (3) It is the policy of the State of
     30.691
Limitations on liability; exceptions. (1) 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 participant or
participantÂ’s representative may maintain an action against or recover from an
equine activity sponsor or an equine professional 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.
     (2)(a) The provisions of ORS 30.687 to
30.697 do not apply to any injury or death arising out of a race as defined in
ORS 462.010.
     (b) Nothing in subsection (1) of this
section shall limit the liability of an equine activity sponsor or an equine
professional:
     (A) If the equine activity sponsor or the
equine professional commits an act or omission that constitutes willful or
wanton disregard for the safety of the participant and that act or omission
caused the injury;
     (B) If the equine activity sponsor or the
equine professional intentionally injures the participant;
     (C) Under the products liability
provisions of ORS 30.900 to 30.920; or
     (D) Under ORS 30.820 or 608.015. [1991 c.864
§3]
     30.693
Additional exceptions to limitations on liability; effect of written release. (1) 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:
     (a) 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 injury to the participant;
     (b) Provided the equine and failed to make
reasonable and prudent efforts to determine the ability of the participant to
safely ride, train, drive, groom or ride as a passenger upon an equine, to
determine the ability of the equine to behave safely with the participant and to
determine the ability of the participant to safely manage the particular
equine; or
     (c) Owns, leases, rents or otherwise is in
lawful possession and control of the land or facilities upon which the
participant sustained injuries because of a dangerous latent condition which
was known to or should have been known to the equine activity sponsor or the
equine professional and for which warning signs have not been conspicuously
posted.
     (2) The limitations on liability provided
in ORS 30.691 shall apply to an adult participant in the circumstances listed
in subsection (1)(b) of this section if the participant, prior to riding,
training, driving, grooming or riding as a passenger upon an equine, knowingly
executes a release stating that as a condition of participation, the
participant waives the right to bring an action against the equine professional
or equine activity sponsor for any injury or death arising out of riding,
training, driving, grooming or riding as a passenger upon the equine. A release
so executed shall be binding upon the adult participant, and no equine
professional or equine activity sponsor shall be liable in the circumstances
described in subsection (1)(b) of this section except as provided in ORS 30.691
(2). [1991 c.864 §4]
     30.695
Effect of written release on liability of veterinarian or farrier. (1) 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 any injury or death arising out of assisting in the
provision of veterinarian or farrier services. A release so executed shall be
enforceable regardless of lack of consideration.
     (2) A release executed pursuant to this
section shall not limit the liability of a veterinarian or farrier for gross
negligence or intentional misconduct. [1991 c.864 §5]
     30.697
Effect on workersÂ’ compensation benefits. Nothing in ORS 30.687 to 30.695 shall affect the right of any person
to any workersÂ’ compensation benefits that may be payable by reason of death,
injury or other loss. [1991 c.864 §6]
     30.698 [Formerly 30.085; renumbered 31.180 in 2003]
MISCELLANEOUS
ACTIONS
     30.700 [1981 c.670 §§1,2; repealed by 1997 c.182 §1
(30.701 enacted in lieu of 30.700)]
     30.701
Actions against maker of dishonored check; statutory damages and attorney fees;
handling fee. (1) 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 amount for which the check was drawn. The
court shall allow reasonable attorney fees at trial and on appeal to the
prevailing party in an action on a dishonored check and in any action on a
check that is not paid because payment has been stopped.
     (2) Statutory damages and attorney fees
under subsection (1) of this section may be awarded only if the payee made
written demand of the maker of the check not less than 30 days before
commencing the action and the maker failed to tender to the payee before the
commencement of the action an amount of money not less than the amount for
which the check was drawn, all interest that has accrued on the check under ORS
82.010 as of the date of demand and any charges imposed under subsection (5) of
this section.
     (3) Statutory damages under subsection (1)
of this section shall not be awarded by the court if after the commencement of
the action but before trial the defendant tenders to the plaintiff an amount of
money equal to the amount for which the check was drawn, all interest that has
accrued on the check under ORS 82.010 as of the date of payment, any charges
imposed under subsection (5) of this section, costs and disbursements and the
plaintiffÂ’s reasonable attorney fees incurred as of the date of the tender.
     (4) If the court or jury determines that
the failure of the defendant to satisfy the dishonored check at the time demand
was made under subsection (2) of this section was due to economic hardship, the
court or jury has the discretion to waive all or part of the statutory damages
provided for in subsection (1) of this section. If all or part of the statutory
damages are waived under this subsection, judgment shall be entered in favor of
the plaintiff for the amount of the dishonored check, all interest that has
accrued on the check under ORS 82.010, any charges imposed under subsection (5)
of this section, the plaintiffÂ’s reasonable attorney fees and costs and disbursements.
     (5) If a check is dishonored, the payee
may collect from the maker a reasonable fee representing the cost of handling
and collecting on the check. The total fee for any single check may not exceed
$25. Any award of statutory damages under subsection (1) of this section must
be reduced by the amount of any charges imposed under this subsection that have
been paid by the maker or that are entered as part of the judgment.
     (6) The provisions of this section apply
only to a check that has been dishonored because of a lack of funds or credit
to pay the check, because the maker has no account with the drawee or because
the maker has stopped payment on the check without good cause. A plaintiff is
entitled to the remedies provided by this section without regard to the reasons
given by the drawee for dishonoring the check.
     (7) For the purposes of this section:
     (a) “Check” means a check, draft or order
for the payment of money.
     (b) “Drawee” has that meaning given in ORS
73.0103.
     (c) “Payee” means a payee, holder or
assignee of a check. [1997 c.182 §2 (enacted in lieu of 30.700); 1999 c.707 §1]
     30.710 [Amended by 1961 c.344 §103; repealed by
1973 c.640 §1]
     30.715
Successive actions or suits.
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. [Formerly 11.030]
     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]
     30.740
Right of gambling loser to recover double losses. 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 lost. [Amended by 1971 c.743 §308; 1977 c.850 §4]
     30.750
Liability of abstractors.
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 of title was ordered by the person
so damaged. Nothing in this section shall be construed to prevent the maker of
any abstract of title to land from limiting in the certificate to the abstract
the liability of the maker thereunder to any person named in such certificate,
but such limitation of liability must be expressly set forth in the
certificate.
     30.760 [Amended by 1953 c.565 §2; renumbered
30.150]
     30.765
Liability of parents for tort by child; effect on foster parents. (1) 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 not be liable for such damages.
     (2) The legal obligation of the parent or
parents of an unemancipated minor child to pay damages under this section shall
be limited to not more than $7,500, payable to the same claimant, for one or
more acts.
     (3) When an action is brought under this
section on parental responsibility for acts of their children, the parents
shall be named as defendants therein and, in addition, the minor child shall be
named as a defendant. The filing of an answer by the parents shall remove any
requirement that a guardian ad litem be required.
     (4) Nothing in subsections (1) to (3) of
this section applies to foster parents. [1975 c.712 §§1,4; 1977 c.419 §1; 1991
c.968 §5]
     30.770 [1959 c.310 §1; 1965 c.587 §1; 1973 c.827 §8;
repealed by 1975 c.712 §5]
     30.780
Liability for damages caused by gambling. Any person violating ORS 167.108 to 167.164 shall be liable in a civil
suit for all damages occasioned thereby. [1959 c.681 §3; 1971 c.743 §309]
     30.785
Liability of construction design professional for injuries resulting from
failure of employer to comply with safety standards. (1) 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 656 and that results from the failure of the employer of the
worker to comply with safety standards on the construction project unless the
construction design professional by contract specifically assumes
responsibility for compliance with those safety standards. The immunity
provided by this section to a construction design professional shall not apply
to the negligent preparation of design plans or specifications.
     (2) As used in this section, “construction
design professional” means an architect, registered landscape architect,
professional engineer or professional land surveyor. [1987 c.915 §12]
     30.788
Liability of architect, engineer, inspector or building evaluator for emergency
relief services. (1) 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.
     (2) An action for damages arising out of
the practice of engineering, as described in ORS 672.007, may not be maintained
by any person against an engineer for structural engineering services rendered
by the engineer under the provisions of this section.
     (3) An action for damages arising out of
the provision of building code inspections, plan reviews or post-disaster
building evaluations may not be maintained by any person against a certified
inspector or certified building evaluator if the inspector or building
evaluator is providing building code inspections, plan reviews or post-disaster
building evaluations under the provisions of this section and the inspector or
building evaluator is operating within the scope of the certification.
     (4) The immunity provided by this section
applies only to services that meet all of the following requirements:
     (a) The services are rendered without
compensation.
     (b) The services are rendered within 60
days after the Governor declares a state of emergency under the provisions of
ORS 401.055.
     (c) The services are rendered to assist in
relief efforts arising out of the emergency giving rise to the declaration of
emergency.
     (5) This section does not affect the liability
of any architect, engineer, inspector or building evaluator for gross
negligence or intentional torts.
     (6) The immunity provided by this section
applies only to:
     (a) Inspectors certified under ORS 455.715
to 455.740;
     (b) Building evaluators certified for
post-disaster building evaluation by the Department of Consumer and Business
Services;
     (c) Architects who are licensed under ORS
671.010 to 671.220;
     (d) Engineers who are licensed under ORS
672.002 to 672.325; and
     (e) Architects and engineers who are
licensed under the laws of another state. [1995 c.616 §1]
     30.790 [1963 c.524 §§1,2; repealed by 1971 c.780 §7]
     30.792
Liability of health care provider or health clinic for volunteer services to
charitable corporations. (1)
As used in this section:
     (a) “Charitable corporation” has the
meaning given that term in ORS 128.620.
     (b) “Health care provider” means any
person licensed in this state as a practitioner of one or more healing arts as
described in ORS 31.740.
     (c) “Health clinic” means a public health
clinic or a health clinic operated by a charitable corporation that provides
primarily primary physical health, dental or mental health services to
low-income patients without charge or using a sliding fee scale based on the
income of the patient.
     (2) Except as provided in subsection (3)
of this section, no person may maintain an action for damages against:
     (a) A health care provider who voluntarily
provides to a charitable corporation any assistance, services or advice
directly related to the charitable purposes of the corporation if the
assistance, services or advice are within the scope of the license of the
health care provider; or
     (b) A health clinic for the assistance,
services or advice provided by a health care provider described in paragraph
(a) of this subsection.
     (3) The immunity provided in this section
shall not apply to:
     (a) Any person who receives compensation
other than reimbursement for expenses incurred by the person providing such
assistance, services or advice.
     (b) The liability of any person for
damages resulting from the personÂ’s gross negligence or from the personÂ’s
reckless, wanton or intentional misconduct.
     (c) Any activity for which a person is
otherwise strictly liable without regard to fault. [1995 c.616 §2; 2005 c.362 §2]
     30.795 [1981 c.690 §2; 1985 c.530 §4; repealed by
1993 c.196 §12]
     30.800
Liability for emergency medical assistance. (1) As used in this section, “emergency medical assistance” means:
     (a) 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 a
physicianÂ’s or dentistÂ’s office, given voluntarily and without the expectation
of compensation to an injured person who is in need of immediate medical or
dental care and under emergency circumstances that suggest that the giving of
assistance is the only alternative to death or serious physical after effects;
or
     (b) Medical care provided voluntarily in
good faith and without expectation of compensation by a physician licensed by
the Oregon Medical Board in the physicianÂ’s professional capacity as a team
physician at a public or private school or college athletic event or as a
volunteer physician at other athletic events.
     (2) No person may maintain an action for
damages for injury, death or loss that results from acts or omissions of a
person while rendering emergency medical assistance unless it is alleged and
proved by the complaining party that the person was grossly negligent in
rendering the emergency medical assistance.
     (3) The giving of emergency medical
assistance by a person does not, of itself, establish the relationship of
physician and patient, dentist and patient or nurse and patient between the
person giving the assistance and the person receiving the assistance insofar as
the relationship carries with it any duty to provide or arrange for further
medical care for the injured person after the giving of emergency medical
assistance. [1967 c.266 §§1,2; 1973 c.635 §1; 1979 c.576 §1; 1979 c.731 §1;
1983 c.771 §1; 1983 c.779 §1; 1985 c.428 §1; 1989 c.782 §35; 1997 c.242 §1;
1997 c.751 §11]
     30.801 [1999 c.220 §1; repealed by 2005 c.551 §8]
     30.802
Liability for use of automated external defibrillator. (1) As used in this section:
     (a) “Automated external defibrillator”
means an automated external defibrillator approved for sale by the federal Food
and Drug Administration.
     (b) “Public setting” means a location that
is:
     (A) Accessible to members of the general
public, employees, visitors and guests, but that is not a private residence;
     (B) A public school facility as defined in
ORS 327.365; or
     (C) A health club as defined in ORS
431.680.
     (2) A person may not bring a cause of
action against another person for damages for injury, death or loss that result
from acts or omissions involving the use, attempted use or nonuse of an
automated external defibrillator when the other person:
     (a) Used or attempted to use an automated
external defibrillator;
     (b) Was present when an automated external
defibrillator was used or should have been used;
     (c) Provided training in the use of an
automated external defibrillator;
     (d) Is a physician and provided services
related to the placement or use of an automated external defibrillator; or
     (e) Possesses or controls one or more
automated external defibrillators placed in a public setting and reasonably
complied with the following requirements:
     (A) Maintained, inspected and serviced the
automated external defibrillator, the battery for the automated external
defibrillator and the electrodes for the automated external defibrillator in
accordance with guidelines set forth by the manufacturer.
     (B) Ensured that a sufficient number of
employees received training in the use of an automated external defibrillator
so that at least one trained employee may be reasonably expected to be present
at the public setting during regular business hours.
     (C) Stored the automated external
defibrillator in a location from which the automated external defibrillator can
be quickly retrieved during regular business hours.
     (D) Clearly indicated the presence and
location of each automated external defibrillator.
     (E) Established a policy to call 9-1-1 to
activate the emergency medical services system as soon as practicable after the
potential need for the automated external defibrillator is recognized.
     (3) The immunity provided by this section
does not apply if:
     (a) The person against whom the action is
brought acted with gross negligence or with reckless, wanton or intentional
misconduct;
     (b) The use, attempted use or nonuse of an
automated external defibrillator occurred at a location where emergency medical
care is regularly available; or
     (c) The person against whom the action is
brought possesses or controls one or more automated external defibrillators in
a public setting and the personÂ’s failure to reasonably comply with the
requirements described in subsection (2)(e) of this section caused the alleged
injury, death or loss.
     (4) Nothing in this section affects the
liability of a manufacturer, designer, developer, distributor or supplier of an
automated external defibrillator, or an accessory for an automated external
defibrillator, under the provisions of ORS 30.900 to 30.920 or any other
applicable state or federal law. [2005 c.551 §1]
     30.803
Liability of certified emergency medical technician acting as volunteer. No person shall maintain a cause of action
for injury, death or loss against any certified emergency medical technician
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
emergency medical technician. [1987 c.915 §11]
     30.805
Liability for emergency medical assistance by government personnel. (1) 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 action is against:
     (a) The staff person of a governmental
agency or other entity if the staff person and the agency or entity are
authorized within the scope of their official duties or licenses to provide
emergency medical care; or
     (b) A governmental agency or other entity
that employs, trains, supervises or sponsors the staff person.
     (2) As used in this section, “emergency
medical care” means medical care to an injured or ill person who is in need of
immediate medical care:
     (a) Under emergency circumstances that
suggest that the giving of assistance is the only alternative to serious
physical aftereffects or death;
     (b) In a place where emergency medical
care is not regularly available;
     (c) In the absence of a personal refusal
of such medical care by the injured or ill person or the responsible relative
of such person; and
     (d) Which may include medical care
provided through means of radio or telecommunication by a medically trained
person, who practices in a hospital as defined in ORS 442.015 and licensed
under ORS 441.015 to 441.087, and who is not at the location of the injured or
ill person. [1979 c.782 §8; 1981 c.693 §27; 1985 c.747 §48]
     30.807
Liability for emergency transportation assistance. (1) 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 provides emergency transportation assistance without compensation.
     (2) As used in this section, “emergency
transportation assistance” means transportation provided to an injured or ill
person who is in need of immediate medical care:
     (a) Under emergency circumstances that suggest
that the giving of assistance is the only alternative to serious physical
after-effect or death;
     (b) From a place where emergency medical
care is not regularly available;
     (c) In the absence of a personal refusal
of such assistance by the injured or ill person or the responsible relative of
the person; and
     (d) Which may include directions on the
transportation provided through means of radio or telecommunications by a
medically trained person who practices in a hospital, as defined in ORS 442.015
and who is not at the location of the injured or ill person. [1987 c.915 §10;
1997 c.242 §2]
     30.810 [1969 c.387 §1; 1973 c.823 §89; renumbered
31.700 in 2003]
     30.820
Action against seller of drugged horse; attorney fees. 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. [1971 c.175 §3; 1981 c.897 §8; 1995 c.618 §25]
     30.822
Action for theft of or injury to search and rescue animal or therapy animal;
attorney fees. (1) 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 action for such damages against
the owner of any animal that, without provocation, attacks a search and rescue
animal or therapy animal. The action authorized by this subsection may be
brought by the owner even if the search and rescue or therapy animal was in the
custody or under the supervision of another person when the theft or attack
occurred.
     (2) If the theft of or unprovoked attack
on a search and rescue animal or therapy animal described in subsection (1) of
this section results in the death of the animal or the animal is not returned
or if injuries sustained in the theft or attack prevent the animal from
returning to service as a search and rescue animal or therapy animal, the
measure of economic damages shall include, but need not be limited to, the
replacement value of an equally trained animal, without any differentiation for
the age or the experience of the animal.
     (3) If the theft of or unprovoked attack
on a search and rescue animal or therapy animal described in subsection (1) of
this section results in injuries from which the animal recovers and returns to
service, or if the animal is stolen and is recovered and returns to service,
the measure of economic damages shall include, but need not be limited to, the
costs of temporary replacement services, veterinary medical expenses and any
other costs and expenses incurred by the owner as a result of the theft of or
injury to the animal.
     (4) No cause of action arises under this
section if the owner or the person having custody or supervision of the search
and rescue animal or therapy animal was committing a criminal or civil trespass
at the time of the attack on the animal.
     (5) The court may award reasonable
attorney fees to the prevailing party in an action under this section. [1993
c.312 §4; 1995 c.618 §26]
     30.825
Action for unlawful tree spiking; attorney fees. 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 party in an action under this section. [1989 c.1003 §4; 1995 c.618 §27]
     30.830
Action against judicial officer for failure to make certain payments. If any money described in ORS 137.295 that
is payable to the Department of Revenue is not paid to the department within
the time provided therein, the court or officer who collected the money shall
be deemed delinquent in the payment of the money. An action may be maintained
in the name of the Department of Revenue, State of
     30.840 [1975 c.562 §1; renumbered 31.980 in 2003]
     30.850 [1975 c.562 §2; renumbered 31.982 in 2003]
     30.860
Action for trade discrimination; treble damages; attorney fees. (1) No person or governmental entity shall
discriminate against, boycott, blacklist, refuse to buy from, sell to or trade
with any person because of foreign government imposed or sanctioned
discrimination based upon the national origin, race or religion of such person
or of such personÂ’s partners, members, directors, stockholders, agents,
employees, business associates, suppliers or customers.
     (2) Any person directly injured in
business or property by a violation of subsection (1) of this section may sue
whoever knowingly practices, or conspires to practice, activities prohibited by
subsection (1) of this section, and shall recover threefold the damages
sustained. The court shall award reasonable attorney fees to the prevailing
plaintiff in an action under this section. The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who prevails in
the action if the court determines that the plaintiff had no objectively
reasonable basis for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court. [1977 c.395 §§1,2; 1981 c.897 §9;
1995 c.618 §28]
     Note: The amendments to 30.860 by section 15,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 30.860 by section 15, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 30.860, as amended by section
15, chapter 100, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     30.860. (1) 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 or
national origin of the person or of the personÂ’s partners, members, directors,
stockholders, agents, employees, business associates, suppliers or customers.
     (2) Any person directly injured in
business or property by a violation of subsection (1) of this section may sue
whoever knowingly practices, or conspires to practice, activities prohibited by
subsection (1) of this section, and shall recover threefold the damages
sustained. The court shall award reasonable attorney fees to the prevailing
plaintiff in an action under this section. The court may award reasonable
attorney fees and expert witness fees incurred by a defendant who prevails in
the action if the court determines that the plaintiff had no objectively
reasonable basis for asserting a claim or no objectively reasonable basis for
appealing an adverse decision of a trial court.
     30.862
Action for public investment fraud; attorney fees. (1) 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.
     (2) 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 any other remedy, civil or criminal, under ORS 30.862 and
162.117 to 162.121 or under any other provision of law. Civil remedies under
ORS 30.862 and 162.117 to 162.121 are supplemental and not mutually exclusive. [1993
c.768 §4; 1995 c.618 §29]
     30.864
Action for disclosure of certain education records; limitation of action;
attorney fees. (1) Any
person claiming to be aggrieved by the reckless disclosure of personally
identifiable information from a studentÂ’s education records as prohibited by
rules of the State Board of Education or the State Board of Higher Education
may file a civil action in circuit court for equitable relief or, subject to
the terms and conditions of ORS 30.265 to 30.300, for damages, or both. The
court may order such other relief as may be appropriate.
     (2) The action authorized by this section
shall be filed within two years of the alleged unlawful disclosure.
     (3) In an action brought under this
section, the court may allow the prevailing party costs, disbursements and
reasonable attorney fees. [1993 c.806 §8; 1995 c.618 §30]
     30.865
Action for invasion of personal privacy; attorney fees. (1) A plaintiff has a cause of action for
invasion of personal privacy if the plaintiff establishes any of the following:
     (a) The defendant knowingly made or
recorded a photograph, motion picture, videotape or other visual recording of
the plaintiff in a state of nudity without the consent of the plaintiff, and at
the time the visual recording was made or recorded the plaintiff was in a place
and circumstances where the plaintiff had a reasonable expectation of personal
privacy.
     (b) For the purpose of arousing or
gratifying the sexual desire of the defendant, the defendant was in a location
to observe the plaintiff in a state of nudity without the consent of the
plaintiff, and the plaintiff was in a place and circumstances where the
plaintiff had a reasonable expectation of personal privacy.
     (c) For the purpose of arousing or
gratifying the sexual desire of any person, the defendant knowingly:
     (A) Made or recorded a photograph, motion
picture, videotape or other visual recording of an intimate area of the
plaintiff without the consent of the plaintiff; or
     (B) Viewed an intimate area of the
plaintiff without the consent of the plaintiff.
     (d) Without the consent of the plaintiff,
the defendant disseminated a photograph, motion picture, videotape or other
visual recording of the plaintiff in a state of nudity, and the defendant knew
that at the time the visual recording was made or recorded the plaintiff was in
a place and circumstances where the plaintiff had a reasonable expectation of
personal privacy.
     (2) A plaintiff who prevails in a cause of
action for invasion of personal privacy under this section is entitled to
receive:
     (a) Compensatory damages; and
     (b) Reasonable attorney fees.
     (3) An action under this section must be
commenced not later than two years after the conduct that gives rise to a claim
for relief occurred.
     (4) The remedy provided by this section is
in addition to, and not in lieu of, any other claim for relief that may be
available to a plaintiff by reason of conduct of a defendant described in
subsection (1) of this section.
     (5) As used in this section:
     (a) “Intimate area” means:
     (A) Undergarments that are being worn by a
person, are covered by clothing and are intended to be protected from being
seen; and
     (B) Any of the following that are covered
by clothing and are intended to be protected from being seen:
     (i) Genitals;
     (ii) Pubic areas; or
     (iii) Female breasts below the point
immediately above the top of the areola.
     (b) “Made or recorded a photograph, motion
picture, videotape or other visual recording” includes, but is not limited to,
making or recording or employing, authorizing, permitting, compelling or
inducing another person to make or record a photograph, motion picture,
videotape or other visual recording.
     (c) “Nudity” means uncovered, or less than
opaquely covered, post-pubescent human genitals, pubic areas or a
post-pubescent human female breast below a point immediately above the top of
the areola. “Nudity” includes a partial state of nudity.
     (d) “Places and circumstances where the
plaintiff has a reasonable expectation of personal privacy” includes, but is
not limited to, a bathroom, dressing room, locker room that includes an
enclosed area for dressing or showering, tanning booth and any area where a
person undresses in an enclosed space that is not open to public view.
     (e) “Public view” means that an area can
be readily seen and that a person within the area can be distinguished by
normal unaided vision when viewed from a public place as defined in ORS
161.015. [2005 c.544 §1]
     30.866
Action for issuance or violation of stalking protective order; attorney fees. (1) A person may bring a civil action in a
circuit court for a courtÂ’s stalking protective order or for damages, or both,
against a person if:
     (a) The person intentionally, knowingly or
recklessly engages in repeated and unwanted contact with the other person or a
member of that personÂ’s immediate family or household thereby alarming or
coercing the other person;
     (b) It is objectively reasonable for a
person in the victimÂ’s situation to have been alarmed or coerced by the
contact; and
     (c) The repeated and unwanted contact
causes the victim reasonable apprehension regarding the personal safety of the
victim or a member of the victimÂ’s immediate family or household.
     (2) At the time the petition is filed, the
court, upon a finding of probable cause based on the allegations in the
petition, shall enter a temporary courtÂ’s stalking protective order that may
include, but is not limited to, all contact listed in ORS 163.730. The petition
and the temporary order shall be served upon the respondent with an order
requiring the respondent to personally appear before the court to show cause
why the temporary order should not be continued for an indefinite period.
     (3)(a) At the hearing, whether or not the
respondent appears, the court may continue the hearing for up to 30 days or may
proceed to enter a courtÂ’s stalking protective order and take other action as
provided in ORS 163.738.
     (b) If respondent fails to appear after
being served as required by subsection (2) of this section, the court may issue
a warrant of arrest as provided in ORS 133.110 in order to ensure the
appearance of the respondent in court.
     (4) The plaintiff may recover:
     (a) Both special and general damages,
including damages for emotional distress;
     (b) Punitive damages; and
     (c) Reasonable attorney fees and costs.
     (5) The court may enter an order under
this section against a minor respondent without appointment of a guardian ad
litem.
     (6) An action under this section must be
commenced within two years of the conduct giving rise to the claim.
     (7) Proof of the claim shall be by a
preponderance of the evidence.
     (8) The remedy provided by this section is
in addition to any other remedy, civil or criminal, provided by law for the
conduct giving rise to the claim.
     (9) No filing fee, service fee or hearing
fee shall be charged for a proceeding under this section if a courtÂ’s stalking
order is the only relief sought.
     (10) If the respondent was provided notice
and an opportunity to be heard, the court shall also include in the order, when
appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and
(g)(8) to affect the respondentÂ’s ability to possess firearms and ammunition or
engage in activities involving firearms.
     (11) ORS 163.741 applies to protective
orders issued under this section.
     (12) Except for purposes of impeachment, a
statement made by the respondent at a hearing under this section may not be
used as evidence in a prosecution for stalking as defined in ORS 163.732 or for
violating a courtÂ’s stalking protective order as defined in ORS 163.750. [1993
c.626 §9; 1995 c.353 §6; 1999 c.1052 §4; 2003 c.292 §3]
     Note: Definitions for 30.866 are found in 163.730.
     30.867
Action for violation of criminal laws relating to involuntary servitude or
trafficking in persons. (1)
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.
     (2) Upon prevailing in an action under this
section, the plaintiff may recover:
     (a) Both special and general damages,
including damages for emotional distress; and
     (b) Punitive damages.
     (3) The court shall award reasonable
attorney fees to the prevailing plaintiff in an action under this section. The
court may award reasonable attorney fees and expert witness fees incurred by a
defendant who prevails in the action if the court determines that the plaintiff
had no objectively reasonable basis for asserting a claim or no reasonable
basis for appealing an adverse decision of a circuit court.
     (4) An action under this section must be
commenced within six years of the conduct giving rise to the claim. [2007 c.811
§9]
     30.868
Civil damages for custodial interference; attorney fees. (1) 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) 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
     (b) A person whose custodial rights have
been interfered with if, by reason of the interference:
     (A) The person has reasonably and in good
faith reported a person missing to any city, county or state police agency; or
     (B) A defendant in the action has been
charged with a violation of ORS 163.257 (1)(a).
     (2) An entry of judgment or a certified
copy of a judgment against the defendant for a violation of ORS 163.257 (1)(a)
is prima facie evidence of liability if the plaintiff was injured by the defendantÂ’s
unlawful action under the conviction.
     (3)(a) For purposes of this section, a
public or private entity that provides counseling and shelter services to
victims of domestic violence is not considered to have violated ORS 163.257
(1)(a) if the entity provides counseling or shelter services to a person who
violates ORS 163.257 (1)(a).
     (b) As used in this subsection, “victim of
domestic violence” means an individual against whom domestic violence, as
defined in ORS 135.230, 181.610, 411.117 or 657.176, has been committed.
     (4) Bringing an action under this section
does not prevent the prosecution of any criminal action under ORS 163.257.
     (5) A person bringing an action under this
section must establish by a preponderance of the evidence that a violation of
ORS 163.257 (1)(a) has occurred.
     (6) It is an affirmative defense to civil
liability for an action under this section that the defendant reasonably and in
good faith believed that the defendantÂ’s violation of ORS 163.257 (1)(a) was
necessary to preserve the physical safety of:
     (a) The defendant;
     (b) The person who was taken, enticed or
kept in violation of ORS 163.257 (1)(a); or
     (c) The parent or guardian of the person
who was taken, enticed or kept in violation of ORS 163.257 (1)(a).
     (7)(a) If the person taken, enticed or
kept in violation of ORS 163.257 (1)(a) is under 18 years of age at the time an
action is brought under this section, the court may:
     (A) Appoint an attorney who is licensed to
practice law in
     (B) Appoint one of the following persons
to provide counseling services to the person:
     (i) A psychiatrist.
     (ii) A psychologist licensed under ORS
675.010 to 675.150.
     (iii) A clinical social worker licensed
under ORS 675.510 to 675.600.
     (iv) A professional counselor or marriage
and family therapist licensed under ORS 675.715.
     (b) The court may assess against the
parties all costs of the attorney or person providing counseling services
appointed under this subsection.
     (8) If an action is brought under this
section by a person described under subsection (1)(b) of this section and a
party shows good cause that it is appropriate to do so, the court may order the
parties to obtain counseling directed toward educating the parties on the impact
that the partiesÂ’ conflict has on the person taken, enticed or kept in
violation of ORS 163.257 (1)(a). The court may assess against the parties all
costs of obtaining counseling ordered under this subsection.
     (9) Upon prevailing in an action under
this section, the plaintiff may recover:
     (a) Special and general damages, including
damages for emotional distress; and
     (b) Punitive damages.
     (10) The court may award reasonable
attorney fees to the prevailing party in an action under this section.
     (11)(a) Notwithstanding ORS 12.110,
12.115, 12.117 or 12.160, an action under this section must be commenced within
six years after the violation of ORS 163.257 (1)(a). An action under this
section accruing while the person who is entitled to bring the action is under
18 years of age must be commenced not more than six years after that person
attains 18 years of age.
     (b) The period of limitation does not run
during any time when the person taken, enticed or kept in violation of ORS
163.257 (1)(a) is removed from this state as a result of the defendantÂ’s
actions in violation of ORS 163.257 (1)(a). [2005 c.841 §1]
     Note: Section 2, chapter 841, Oregon Laws 2005,
provides:
     Sec.
2. Section 1 of this 2005
Act [30.868] applies to causes of action arising on or after the effective date
of this 2005 Act [September 2, 2005]. [2005 c.841 §2]
     30.870
Definitions for ORS 30.870 and 30.875. As used in this section and ORS 30.875:
     (1) “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.
     (2) “Mercantile establishment” means any
place where merchandise is displayed, held or offered for sale, either at
retail or wholesale.
     (3) “Merchandise” means all things movable
and capable of manual delivery.
     (4) “Owner” means any person who owns or
operates a mercantile establishment or farm, or the agents or employees of that
person. [1979 c.592 §1; 1981 c.716 §5]
     30.875
Civil damages for shoplifting or taking of agricultural produce. (1) 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 the individualÂ’s own use without having paid the purchase price
thereof, or who alters the price indicia of such merchandise, shall be civilly
liable to the owner for actual damages, for a penalty to the owner in the
amount of the retail value of the merchandise or produce not to exceed $500,
and for an additional penalty to the owner of not less than $100 nor more than
$250.
     (2) The parents having custody of an
unemancipated 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 the minorÂ’s own use without having
paid the purchase price thereof, or who alters the price indicia of such
merchandise or who engages in conduct described in ORS 164.125, 164.132 or
164.373, shall be civilly liable to the owner for actual damages, for a penalty
to the owner in the amount of the retail value of the merchandise or produce
not to exceed $250, plus an additional penalty to the owner of not less than
$100 nor more than $250. Persons operating a foster home certified under ORS
418.625 to 418.645 are not liable under this subsection for the acts of
children not related to them by blood or marriage and under their care.
     (3) A conviction for theft is not a
condition precedent to the maintenance of a civil action under this section.
     (4) A civil liability under this section
is not limited by any other law that limits liability of parents of minor
children.
     (5) An action for recovery of damages
under this section may be brought in any court of competent jurisdiction,
including the small claims department of a circuit court if the total damages
do not exceed the jurisdictional limit of the small claims department.
     (6) The fact that an owner or seller of
merchandise or agricultural produce may bring an action against an individual
for damages as provided in this section shall not limit the right of the owner
or seller to demand, in writing, that a person who is liable for damages under
this section remit said damages prior to the commencement of any legal action.
     (7) Judgments, but not claims, arising
under this section may be assigned.
     (8) An action under this section may not
be brought based on a dishonored check, draft or order for payment of money if
an action can be brought on the dishonored check, draft or order under ORS
30.701.
     (9) An action under this section must be
commenced within three years after the merchandise or agricultural produce is
taken. [1979 c.592 §2; 1981 c.716 §6; 1985 c.537 §6; 1987 c.907 §16; 1995 c.658
§28; 1997 c.182 §§3,4; 1999 c.705 §5; 2003 c.324 §1]
     30.876
Treble damages and costs in actions arising out of interference with agricultural
research. In any civil
action arising out of conduct that would constitute interference with
agricultural research under ORS 164.889, the court shall award:
     (1) Treble the amount of damages claimed
to real and personal property; and
     (2) The costs of repeating experiments
including, but not limited to, the costs of replacing records, data, equipment,
specimens, labor and materials, if the conduct causes the failure of an
experiment in progress or irreparable damage to completed research or
experimentation. [2001 c.147 §4]
     30.877
Treble damages and costs in actions arising out of research and animal
interference and arising out of interference with livestock production. 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 experiments, including but not limited to the costs of replacing
records, data, equipment, specimens, labor and materials, if the conduct causes
the failure of an experiment in progress or irreparable damage to completed
research or experimentation. [2001 c.843 §1]
     30.880 [1979 c.842 §5a; 1987 c.774 §148; 1987 c.915
§8; renumbered 278.322 in 2003]
     30.882
Award of liquidated damages to sports official subjected to offensive physical
contact; attorney fees. (1)
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:
     (a) The defendant intentionally subjected
the plaintiff to offensive physical contact;
     (b) The defendant knew that the plaintiff
was a sports official at the time the offensive physical contact was made;
     (c) The offensive physical contact is made
while the plaintiff is within, or in the immediate vicinity of, a facility at
which the plaintiff serves as a sports official for a sports event; and
     (d) The offensive physical contact is made
while the plaintiff is serving as a sports official or within a brief period of
time thereafter.
     (2) The court shall award reasonable
attorney fees to a prevailing plaintiff in an action in which liquidated
damages are awarded under this section.
     (3) An award of liquidated damages under
this section is not subject to ORS 31.725, 31.730 or 31.735.
     (4) As used in this section, “sports
official” means a person who:
     (a) Serves as a referee, umpire, linesman
or judge or performs similar functions under a different title; and
     (b) Is a member of, or registered by, a
local, state, regional or national organization that engages in providing
education and training in sports officiating. [1999 c.786 §1]
     30.890
Liability of food gleaners, donors and distributors. (1)(a) 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 be subject to criminal penalty or civil damages arising from the
condition of the food, unless an injury is caused by the gross negligence,
recklessness or intentional conduct of the donor or gleaner.
     (b) The immunity from civil liability and
criminal penalty provided by this section applies regardless of compliance with
any laws, rules or ordinances regulating the packaging or labeling of food, and
regardless of compliance with any laws, rules or ordinances regulating the
storage or handling of the food by the donee after the donation of the food.
     (2) Notwithstanding any other provision of
law, a bona fide charitable or nonprofit organization which in good faith
receives food, apparently fit for human consumption, and while apparently fit
for human consumption distributes it at no 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 civil damages resulting from the condition of
the food unless an injury results from the gross negligence, recklessness or
intentional conduct of the organization.
     (3) This section applies to the good-faith
donation of food not readily marketable due to appearance, freshness, grade,
surplus or other considerations but does not restrict the authority of any
appropriate agency to regulate or ban the use of such food for human
consumption.
     (4) As used in this section:
     (a) “Donor” includes any person who
operates a restaurant or other food establishment licensed or regulated by law.
     (b) “Food” means any food whether or not
it may spoil or otherwise become unfit for human consumption because of its
nature, type or physical condition, including but not limited to fresh or
processed meats, poultry, seafood, dairy products, bakery products, eggs in the
shell, fresh fruits or vegetables, and foods that have been packaged, canned,
refrigerated, freeze-dried or frozen.
     (c) “Food bank” means a surplus food
collection and distribution system operated and established to assist in
bringing donated food to nonprofit charitable organizations and individuals for
the purpose of reducing hunger and meeting nutritional needs.
     (d) “Gleaner” means a person that harvests
for free distribution an agricultural crop that has been donated by the owner. [1979
c.265 §1; 1989 c.808 §1]
     30.892
Liability of donors and distributors of general merchandise and household
items. (1) 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 civil damages arising from the condition of
the general merchandise or household item, unless an injury is caused by the
gross negligence, recklessness or intentional conduct of the donor.
     (2) The immunity from civil liability and
criminal penalty provided by this section applies regardless of compliance with
any laws, rules or ordinances regulating the packaging or labeling of general
merchandise or household items, and regardless of compliance with any laws,
rules or ordinances regulating the storage or handling of the general
merchandise or household items by the donee after the donation.
     (3) Notwithstanding any other provision of
law, a bona fide charitable or nonprofit organization which in good faith
receives general merchandise or household items, apparently fit for use, and
while apparently still fit for use, distributes the merchandise or items at no
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 civil
damages resulting from the condition of the general merchandise or household
items, unless an injury results from the gross negligence, recklessness or
intentional conduct of the organization.
     (4) This section applies to the good-faith
donation of general merchandise or household items not readily marketable due
to appearance, grade, surplus or considerations other than safety but does not
restrict the authority of any appropriate agency to regulate or ban the use of
such general merchandise or household items. The immunity from civil liability
and criminal penalty provided by this section shall not apply if the general
merchandise or household item is resold by either the donee or any other
person. This section does not affect the liability of a manufacturer for
products that are subject to a current or future safety recall whether such
recall is initiated by the manufacturer or at the request of the state or
federal government, nor shall this section affect the liability of a
manufacturer under ORS 30.900 to 30.920.
     (5) As used in this section:
     (a) “Donor” includes all of the following,
without regard to who is the owner of the general merchandise or household item
at the time of the donation:
     (A) A general merchandiser;
     (B) A retail establishment;
     (C) A wholesaler; and
     (D) A manufacturer.
     (b) “General merchandise or household item”
means any item sold as general merchandise for household use, including but not
limited to items sold in the following categories: Toiletries, cosmetics,
domestics, electronics, sporting goods, clothing, toys, small appliances,
personal care appliances, housewares, household chemicals, hardware, paint,
sundries, plumbing, garden supplies, automotive, school supplies, pet food, pet
supplies, over-the-counter drugs or vitamins, or other items of merchandise
commonly sold in a retail or general merchandising establishment. [1989 c.1012 §2]
     30.895 [1987 c.774 §11; renumbered 31.230 in 2003]
PRODUCT
LIABILITY ACTIONS
     30.900
“Product liability civil action” defined. 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:
     (1) Any design, inspection, testing,
manufacturing or other defect in a product;
     (2) Any failure to warn regarding a
product; or
     (3) Any failure to properly instruct in
the use of a product. [1977 c.843 §1]
     30.905
Time limitation for commencement of action. (1) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product
liability civil action may not be brought for any death, personal injury or
property damage that is caused by a product and that occurs more than eight
years after the date on which the product was first purchased for use or
consumption.
     (2) Except as provided in ORS 30.907 and
30.908 (1) to (4), a product liability civil action for personal injury or
property damage must be commenced not later than the earlier of:
     (a) Two years after the date on which 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 product, or the causal relationship between the injury or damage and the
conduct of the defendant; or
     (b) Ten years after the date on which the
product was first purchased for use or consumption.
     (3) Except as provided in ORS 30.907 and
30.908 (1) to (4), a product liability civil action for death must be commenced
not later than the earlier of:
     (a) The limitation provided by ORS 30.020;
or
     (b) Ten years after the date on which the
product was first purchased for use or consumption. [1977 c.843 §3; 1983 c.143 §1;
1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1]
     30.907
Action for damages from asbestos-related disease; limitations. (1) A product liability civil action for
damages resulting from asbestos-related disease shall 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.
     (2) A product liability civil action may
not be brought against a contractor, as defined in ORS 701.005, for damages
resulting from asbestos-related disease if the contractor:
     (a) Used or installed products containing
asbestos pursuant to plans, specifications or directions prepared for a project
by or on behalf of the owner of the project;
     (b) Is not the manufacturer or distributor
of the products containing asbestos; and
     (c) Did not furnish the products
containing asbestos independent of the provision of labor.
     (3) Subsection (2) of this section does
not affect a plaintiffÂ’s ability to bring a product liability civil action
against a contractor if:
     (a) The contractor substituted a product
containing asbestos on a project when the plans, specifications or directions
for the project prepared by or on behalf of the owner did not specify the use
or installation of a product containing asbestos; and
     (b) The owner or the owner’s
representative did not expressly direct or consent to the substitution of the
product containing asbestos. [1987 c.4 §3; 2005 c.740 §1]
     Note: Section 2, chapter 740, Oregon Laws 2005,
provides:
     Sec.
2. (1) Except as provided in
subsection (2) of this section, the amendments to ORS 30.907 by section 1 of
this 2005 Act apply to all causes of action for damages resulting from
asbestos-related disease, whether the cause of action arises before, on or
after the effective date of this 2005 Act [January 1, 2006].
     (2) The amendments to ORS 30.907 by
section 1 of this 2005 Act do not apply to any civil action commenced as
described in ORS 12.020 before the effective date of this 2005 Act. [2005 c.740
§2]
     30.908
Action arising out of injury from breast implants; limitations. (1) 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:
     (a) The death or specific injury, disease
or damage for which the plaintiff seeks recovery;
     (b) The tortious nature of the act or
omission of the defendant that gives rise to a claim for relief against the
defendant; and
     (c) All other elements required to
establish plaintiffÂ’s claim for relief.
     (2) A product liability civil action for
death, injury or damage resulting from breast implants containing silicone,
silica or silicon as a component is not subject to ORS 30.905 or any other
statute of repose in Oregon Revised Statutes.
     (3) For the purposes of subsection (1) of
this section, an action for wrongful death must be commenced not later than two
years after the earliest date that the discoveries required by subsection (1)
of this section are made by any of the following persons:
     (a) The decedent;
     (b) The personal representative for the
decedent; or
     (c) Any person for whose benefit the
action could be brought.
     (4) Subsections (1) to (3) of this section
do not apply to a person that supplied component parts or raw materials to
manufacturers of breast implants containing silicone, silica or silicon as a
component, and the person shall remain subject to the limitations on actions
imposed by ORS 30.020 and 30.905, if:
     (a) The person did not manufacture breast
implants containing silicone, silica or silicon as a component at any time; and
     (b) The person was not owned by and did
not own a business that manufactured breast implants containing silicone,
silica or silicon as a component at any time.
     (5) A physician licensed pursuant to ORS
chapter 677 is not a manufacturer, distributor, seller or lessor of a breast
implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by
the physician to a patient as part of a medical implant procedure.
     (6) A health care facility licensed under
ORS chapter 442 is not a manufacturer, distributor, seller or lessor of a
breast implant for the purposes of ORS 30.900 to 30.920 if the implant is
provided by the facility to a patient as part of a medical implant procedure. [1993
c.259 §§4,5; 2007 c.71 §10]
     30.910
Product disputably presumed not unreasonably dangerous. 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. [1977 c.843 §2]
     30.915
Defenses. It shall be a
defense to a product liability civil action that an alteration or modification
of a product occurred under the following circumstances:
     (1) 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;
     (2) The alteration or modification was a
substantial contributing factor to the personal injury, death or property
damage; and
     (3) If the alteration or modification was
reasonably foreseeable, the manufacturer, distributor, seller or lessor gave
adequate warning. [1977 c.843 §4]
     30.920
When seller or lessor of product liable; effect of liability rule. (1) 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:
     (a) The seller or lessor is engaged in the
business of selling or leasing such a product; and
     (b) The product is expected to and does
reach the user or consumer without substantial change in the condition in which
it is sold or leased.
     (2) The rule stated in subsection (1) of
this section shall apply, even though:
     (a) The seller or lessor has exercised all
possible care in the preparation and sale or lease of the product; and
     (b) The user, consumer or injured party
has not purchased or leased the product from or entered into any contractual
relations with the seller or lessor.
     (3) It is the intent of the Legislative
Assembly that the rule stated in subsections (1) and (2) of this section shall
be construed in accordance with the Restatement (Second) of Torts sec. 402A,
Comments a to m (1965). All references in these comments to sale, sell, selling
or seller shall be construed to include lease, leases, leasing and lessor.
     (4) Nothing in this section shall be
construed to limit the rights and liabilities of sellers and lessors under
principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]
     30.925
Punitive damages. (1) In a
product liability civil action, punitive damages shall not be recoverable
except as provided in ORS 31.730.
     (2) Punitive damages, if any, shall be
determined and awarded based upon the following criteria:
     (a) The likelihood at the time that
serious harm would arise from the defendantÂ’s misconduct;
     (b) The degree of the defendant’s
awareness of that likelihood;
     (c) The profitability of the defendant’s
misconduct;
     (d) The duration of the misconduct and any
concealment of it;
     (e) The attitude and conduct of the
defendant upon discovery of the misconduct;
     (f) The financial condition of the
defendant; and
     (g) The total deterrent effect of other
punishment imposed upon the defendant as a result of the misconduct, including,
but not limited to, punitive damage awards to persons in situations similar to
the claimantÂ’s and the severity of criminal penalties to which the defendant
has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]
     30.927
When manufacturer of drug not liable for punitive damages; exceptions. (1) 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:
     (a) 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
Food, Drug and Cosmetic Act or the Public Health Service Act; or
     (b) Is generally recognized as safe and
effective pursuant to conditions established by the federal Food and Drug
Administration and applicable regulations, including packaging and labeling
regulations.
     (2) Subsection (1) of this section does
not apply if the plaintiff proves, in accordance with the standard of proof set
forth in ORS 30.925 (1), that the defendant, either before or after making the
drug available for public use, knowingly in violation of applicable federal
Food and Drug Administration regulations withheld from or misrepresented to the
agency or prescribing physician information known to be material and relevant
to the harm which the plaintiff allegedly suffered.
     (3) Nothing contained in this section bars
an award of punitive damages where a manufacturer of a drug intentionally fails
to conduct a recall required by a valid order of a federal or state agency
authorized by statute to require such a recall.
     (4) For the purposes of this section, the
term “drug” has the meaning given to the term in section 1201 (g)(1) of the
Federal Food, Drug and Cosmetic Act, 21 U.S.C. 321 (g)(1). [1987 c.774 §5]
     Note: Sections 1 and 2, chapter 536, Oregon Laws
2007, provide:
     Sec.
1. (1) As used in this
section, “COX-2 inhibitor” means a medication that is intended to inhibit the
enzyme known as cyclooxygenase-2.
     (2) A civil action for injury, including
any product liability action under ORS 30.900 to 30.920 and any action based on
negligence, resulting from the use of a COX-2 inhibitor must be commenced not
later than four years after the date on which the plaintiff first discovered,
or in the exercise of reasonable care should have discovered, the injury and
the causal relationship between the injury and the product, or the causal
relationship between the injury and the conduct of the defendant.
     (3) A civil action for death, including
any product liability action under ORS 30.900 to 30.920 and any action based on
negligence, resulting from the use of a COX-2 inhibitor must be commenced not
later than six years after the date on which the plaintiff first discovered, or
in the exercise of reasonable care should have discovered, the causal
relationship between the death and the product, or the causal relationship
between the death and the conduct of the defendant. [2007 c.536 §1]
     Sec.
2. (1) Except as provided in
subsection (2) of this section, section 1 of this 2007 Act applies only to
causes of action arising on or before January 1, 2007.
     (2) Section 1 of this 2007 Act does not
apply to any causes of action for which a judgment was entered in the register
of a court before the effective date of this 2007 Act [January 1, 2008]. [2007
c.536 §2]
FARMING AND
     30.930
Definitions for ORS 30.930 to 30.947. As used in ORS 30.930 to 30.947:
     (1) “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.
     (2) “Farming practice” means a mode of
operation on a farm that:
     (a) Is or may be used on a farm of a
similar nature;
     (b) Is a generally accepted, reasonable
and prudent method for the operation of the farm to obtain a profit in money;
     (c) Is or may become a generally accepted,
reasonable and prudent method in conjunction with farm use;
     (d) Complies with applicable laws; and
     (e) Is done in a reasonable and prudent
manner.
     (3) “Forestland” means land that is used
for the growing and harvesting of forest tree species.
     (4) “
     (a) Is or may be used on forestland of
similar nature;
     (b) Is a generally accepted, reasonable
and prudent method of complying with ORS 527.610 to 527.770 and the rules
adopted pursuant thereto;
     (c) Is or may become a generally accepted,
reasonable and prudent method in conjunction with forestland;
     (d) Complies with applicable laws;
     (e) Is done in a reasonable and prudent
manner; and
     (f) May include, but is not limited to,
site preparation, timber harvest, slash disposal, road construction and
maintenance, tree planting, precommercial thinning, release, fertilization,
animal damage control and insect and disease control.
     (5) “Pesticide” has the meaning given that
term in ORS 634.006. [1981 c.716 §1; 1983 c.730 §1; 1993 c.792 §32; 1995 c.703 §1;
2005 c.657 §2]
     30.931
Transport or movement of equipment, device, vehicle or livestock as farming or
forest practice.
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. [1995 c.703 §9]
     30.932
Definition of “nuisance” or “trespass.” 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. [1993 c.792 §33; 1995 c.703 §2]
     30.933
Legislative findings; policy.
(1) The Legislative Assembly finds that:
     (a) Farming and forest practices are
critical to the economic welfare of this state.
     (b) 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.
     (c) In the interest of the continued
welfare of the state, farming and forest practices must be protected from legal
actions that may be intended to limit, or have the effect of limiting, farming
and forest practices.
     (2) The Legislative Assembly declares that
it is the policy of this state that:
     (a) Farming practices on lands zoned for
farm use must be protected.
     (b)
     (c) Persons who locate on or near an area
zoned for farm or forest use must accept the conditions commonly associated
with living in that particular setting.
     (d) Certain private rights of action and
the authority of local governments and special districts to declare farming and
forest practices to be nuisances or trespass must be limited because such
claims for relief and local government ordinances are inconsistent with land
use policies, including policies set forth in ORS 215.243, and have adverse
effects on the continuation of farming and forest practices and the full use of
the resource base of this state. [1993 c.792 §31]
     30.934
Prohibition on local laws that make forest practice a nuisance or trespass;
exceptions. (1) 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.
     (2) Subsection (1) of this section does
not apply to:
     (a) City rules, regulations or ordinances
adopted in accordance with ORS 527.722; or
     (b) Any forest practice conducted in
violation of a solar energy easement that complies with ORS 105.880 to 105.890.
[1993 c.792 §38]
     30.935
Prohibition on local laws that make farm practice a nuisance or trespass. 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. [1981 c.716 §2; 1985 c.565 §4;
1993 c.792 §37]
     30.936
Immunity from private action based on farming or forest practice on certain
lands; exceptions. (1) 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.
     (2) Subsection (1) of this section shall
not apply to a right of action or claim for relief for:
     (a) Damage to commercial agricultural
products; or
     (b) Death or serious physical injury as
defined in ORS 161.015.
     (3) Subsection (1) of this section applies
regardless of whether the farming or forest practice has undergone any change
or interruption. [1993 c.792 §34; 1995 c.547 §8; 1995 c.703 §3; 2001 c.401 §1]
     30.937
Immunity from private action based on farming or forest practice allowed as
preexisting nonconforming use; exceptions. (1) 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.
     (2) Subsection (1) of this section shall
not apply to a right of action or claim for relief for:
     (a) Damage to commercial agricultural
products; or
     (b) Death or serious physical injury as
defined in ORS 161.015.
     (3) Subsection (1) of this section applies
only where a farming or forest practice existed before the conflicting nonfarm
or nonforest use of real property that gave rise to the right of action or
claim for relief.
     (4) Subsection (1) of this section applies
only where a farming or forest practice has not significantly increased in size
or intensity from November 4, 1993, or the date on which the applicable urban
growth boundary is changed to include the subject farming or forest practice
within its limits, whichever is later. [1993 c.792 §35; 1995 c.703 §4]
     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. [1993 c.792 §36]
     30.939
When use of pesticide considered farming or forest practice. (1) 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:
     (a) Is or may be used on a farm of a
similar nature;
     (b) Is a reasonable and prudent method for
the operation of the farm to obtain a profit in money;
     (c) Is or may become customarily utilized
in conjunction with farm use;
     (d) Complies with applicable laws; and
     (e) Is done in a reasonable and prudent
manner.
     (2) Notwithstanding ORS 30.930 (4), the
use of a pesticide shall be considered to be a forest practice for purposes of
ORS 30.930 to 30.947, if the use of the pesticide:
     (a) Is or may be used on forestland of a
similar nature;
     (b) Is a reasonable and prudent method of
complying with ORS 527.610 to 527.770;
     (c) Is or may become customarily utilized
in conjunction with forestland;
     (d) Complies with applicable laws;
     (e) Is done in a reasonable and prudent
manner; and
     (f) Includes, but is not limited to, site
preparation, timber harvest, slash disposal, road construction and maintenance,
tree planting, precommercial thinning, release, fertilization, animal damage
control and insect and disease control. [1993 c.792 §32a; 1995 c.703 §5]
     30.940
Effect on other remedies.
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. [1981 c.716 §3; 1985 c.565 §5; 1993
c.792 §39]
     30.942
Rules. (1) The State
Department of Agriculture may adopt rules to implement the provisions of ORS
30.930 to 30.947.
     (2) The State Forestry Department may
adopt rules to implement the provisions of ORS 30.930 to 30.947. [1993 c.792 §41]
     30.943
Certain agencies not required to investigate complaints based on farming or
forest practice. 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. [1995 c.703 §8]
     30.945 [1981 c.716 §4; repealed by 1995 c.703 §12]
     30.947
Effect of siting of destination resorts or other nonfarm or nonforest uses. 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. [1987 c.886 §13; 1995 c.703 §6]
     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]
ACTIONS
ARISING OUT OF FOOD-RELATED CONDITION
     30.961
Actions against sellers of food for food-related condition. (1) As used in this section:
     (a) “Food” has the meaning given that term
in 21 U.S.C. 321, as in effect on January 1, 2006.
     (b) “Food-related condition” means:
     (A) Weight gain;
     (B) Obesity;
     (C) A health condition associated with
weight gain or obesity; or
     (D) A generally recognized health
condition alleged to be caused by, or alleged to likely result from, long-term
consumption of food rather than a single instance of consumption of food.
     (2) A person may not maintain an action
for a claim of injury or death caused by a food-related condition against a
person involved in the selling of food, as described in ORS 616.210.
     (3) This section does not apply to a claim
that includes as an element of the cause of action that a food-related
condition was caused by:
     (a) Adulterated food, as described in ORS
616.235;
     (b) Reliance on information about food
that has been misbranded, as described in ORS 616.250;
     (c) Violation of a provision of the Federal
Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as in effect on January 1,
2006, prohibiting adulterated or misbranded food; or
     (d) Knowing and willful violation of any
other state or federal law related to the manufacturing, marketing, distribution,
advertisement, labeling or sale of food.
     (4) A violation of law is knowing and
willful for the purposes of subsection (3)(d) of this section if the person
engaged in the conduct that constituted the violation with the intent to
deceive or injure or with actual knowledge that the conduct was deceptive or
injurious.
     (5) This section does not create any
claim, right of action or civil liability. This section does not affect any
government agencyÂ’s statutory authority to enforce laws relating to adulteration
or misbranding of food. [2005 c.658 §1]
     30.963
Claim requirements for actions involving food-related conditions. (1) As used in this section:
     (a) “Food” has the meaning given that term
in 21 U.S.C. 321, as in effect on January 1, 2006.
     (b) “Food-related condition” means:
     (A) Weight gain;
     (B) Obesity;
     (C) A health condition associated with
weight gain or obesity; or
     (D) A generally recognized health
condition alleged to be caused by, or alleged to likely result from, long-term
consumption of food rather than a single instance of consumption of food.
     (2) A complaint, cross-claim, counterclaim
or third-party complaint asserting a claim described in ORS 30.961 (3) must
plead with particularity each element of the cause of action, including a
description of all of the following:
     (a) The law that allegedly was violated.
     (b) The facts that are alleged to
constitute a violation of the law identified in paragraph (a) of this
subsection.
     (c) The facts that are alleged to
demonstrate that the food-related condition was caused by the violation.
     (d) If the violation was of a law
described in ORS 30.961 (3)(d), facts sufficient to support a reasonable
inference that the violation was committed with the intent to deceive or injure
or with actual knowledge that the conduct was deceptive or injurious.
     (3) In any action for a claim of injury or
death caused by a food-related condition, a court shall stay all discovery and
other proceedings during the pendency of any motion to dismiss. The court, on
motion and for good cause shown, shall order that specified discovery be
conducted notwithstanding the stay imposed under this subsection. [2005 c.658 §3]
SKIING
ACTIVITIES
     30.970
Definitions for ORS 30.970 to 30.990. As used in ORS 30.970 to 30.990:
     (1) “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 towers and other
structures and their components, collisions with other skiers and a skierÂ’s
failure to ski within the skierÂ’s own ability.
     (2) “Injury” means any personal injury or
property damage or loss.
     (3) “Skier” means any person who is in a
ski area for the purpose of engaging in the sport of skiing or who rides as a
passenger on any ski lift device.
     (4) “Ski area” means any area designated
and maintained by a ski area operator for skiing.
     (5) “Ski area operator” means those
persons, and their agents, officers, employees or representatives, who operate
a ski area. [1979 c.665 §1]
     30.975
Skiers assume certain risks.
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. [1979 c.665 §2]
     30.980
Notice to ski area operator of injury to skier; injuries resulting in death;
statute of limitations; informing skiers of notice requirements. (1) 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.
     (2) 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 of the personal representative of the deceased, or any
person who may, under ORS 30.020, maintain an action for the wrongful death of
the skier, within 180 days after the date of the death which resulted from the
injury. However, if the skier whose injury resulted in death presented a notice
to the ski area operator that would have been sufficient under this section had
the skier lived, notice of the death to the ski area operator is not necessary.
     (3) An action against a ski area operator
to recover damages for injuries to a skier shall be commenced within two years
of the date of the injuries. However, ORS 12.160 and 12.190 apply to such
actions.
     (4) Failure to give notice as required by
this section bars a claim for injuries or wrongful death unless:
     (a) The ski area operator had knowledge of
the injury or death within the 180-day period after its occurrence;
     (b) The skier or skier’s beneficiaries had
good cause for failure to give notice as required by this section; or
     (c) The ski area operator failed to comply
with subsection (5) of this section.
     (5) Ski area operators shall give to
skiers, in a manner reasonably calculated to inform, notice of the requirements
for notifying a ski area operator of injury and the effect of a failure to
provide such notice under this section. [1979 c.665 §3]
     30.985
Duties of skiers; effect of failure to comply. (1) Skiers shall have duties which include
but are not limited to the following:
     (a) Skiers who ski in any area not
designated for skiing within the permit area assume the inherent risks thereof.
     (b) 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 speed and course.
     (c) Skiers shall abide by the directions
and instructions of the ski area operator.
     (d) Skiers shall familiarize themselves
with posted information on location and degree of difficulty of trails and
slopes to the extent reasonably possible before skiing on any slope or trail.
     (e) Skiers shall not cross the uphill
track of any surface lift except at points clearly designated by the ski area
operator.
     (f) Skiers shall not overtake any other
skier except in such a manner as to avoid contact and shall grant the right of
way to the overtaken skier.
     (g) Skiers shall yield to other skiers
when entering a trail or starting downhill.
     (h) Skiers must wear retention straps or
other devices to prevent runaway skis.
     (i) Skiers shall not board rope tows, wire
rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have
sufficient ability to use the devices, and skiers shall follow any written or
verbal instructions that are given regarding the devices.
     (j) Skiers, when involved in a skiing
accident, shall not depart from the ski area without leaving their names and
addresses if reasonably possible.
     (k) A skier who is injured should, if
reasonably possible, give notice of the injury to the ski area operator before
leaving the ski area.
     (L) Skiers shall not embark or disembark
from a ski lift except at designated areas or by the authority of the ski area
operator.
     (2) Violation of any of the duties of
skiers set forth in subsection (1) of this section entitles the ski area
operator to withdraw the violator’s privilege of skiing. [1979 c.665 §4]
     30.990
Operators required to give skiers notice of duties. 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]
_______________
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