Oregon Chapter 30
Chapter 30 — Actions and Suits in Particular CasesDownload Full 2005 Oregon Revised Statutes (coming soon!)
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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
30.010 Who
may maintain action for injury or death of child
30.020 Action
for wrongful death; when commenced; damages
30.030 Distribution
of damages
30.040 Apportionment
among dependents upon settlement
30.050 Apportionment
among dependents after judgment
30.060 Appeal
from order of distribution or apportionment
30.070 Settlement;
discharge of claim
30.075 Procedure
upon death of injured person
30.080 Effect
of death of wrongdoer
30.090 Appointment
of administrator of estate of wrongdoer
30.100 Substitution
of personal representative as party defendant
ACTIONS BY GUEST PASSENGERS
30.115 Aircraft
and watercraft guest passengers; definitions
30.130 Public
carriers by aircraft and prospective aircraft purchasers
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
ACTIONS ON CERTAIN CONSTRUCTION AGREEMENTS
30.140 Certain
indemnification provisions in construction agreement void
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
ACTIONS ARISING OUT OF THE PROVISION OF
UTILITY SERVICES
30.180 Definitions
for ORS 30.180 to 30.186
30.182 Civil
action for taking of or tampering with utility services
30.184 Amount
recoverable; attorney fees
30.186 Remedies
not exclusive
ACTIONS ARISING OUT OF THE PROVISION OF CABLE
SERVICES
30.192 Definitions
for ORS 30.192 to 30.196
30.194 Prohibitions
relating to cable services
30.195 Civil
action for violation of prohibitions relating to cable services
30.196 Amount
recoverable; attorney fees
ACTIONS FOR INTIMIDATION
30.198 Civil
action for intimidation; remedies; attorney fees; liability of parents
30.200 Action
by district attorney; effect on others
ACTIONS ON OFFICIAL BONDS
30.210 To
whom official bonds are security
30.220 Parties
30.230 Leave
to begin action
30.240 Subsequent
delinquencies on same bond
30.250 Amount
of judgment
TORT ACTIONS AGAINST PUBLIC BODIES
(Generally)
30.260 Definitions
for ORS 30.260 to 30.300
30.261 Limitation
on applicability of ORS 30.260 to 30.300 to certain private, nonprofit
organizations
30.262 Certain
nonprofit facilities and homes public bodies for purposes of ORS 30.260 to
30.300
30.264 Liability
insurance for students involved in off-campus experiential activities; coverage
under ORS 30.260 to 30.300
30.265 Scope
of liability of public body, officers, employees and agents; liability in
nuclear incident
30.267 Liability
for certain medical treatment at Oregon Health and
30.268 Liability
for certain medical treatment at facilities other than Oregon Health and
30.270 Amount
of liability
30.275 Notice
of claim; time of notice; time of action
30.278 Reporting
notice of claim of professional negligence to licensing board
30.282 Local
public body insurance; self-insurance program; action against program
30.285 Public
body shall indemnify public officers; procedure for requesting counsel; extent
of duty of state; obligation for judgment and attorney fees
30.287 Counsel
for public officer; when public funds not to be paid in settlement; effect on
liability limit; defense by insurer
30.290 Settlement
of claims by local public body
30.295 Payment
of judgment or settlement; remedies for nonpayment; tax levy for payment;
installment payments
30.297 Liability
of certain state agencies for damages caused by foster child or youth offender;
conditions; exceptions
30.298 Liability
of certain state agencies to foster parents for injury or damage caused by
foster child or youth offender; conditions; limitations
30.300 ORS
30.260 to 30.300 exclusive
(Certain Retired Physicians)
30.302 Certain
retired physicians to be considered agents of public bodies
ACTIONS AND SUITS BY AND AGAINST GOVERNMENTAL
UNITS AND OFFICIALS
30.310 Actions
and suits by governmental units
30.312 Actions
by governmental units under federal antitrust laws
30.315 Proceedings
by cities and counties to enforce ordinances and resolutions
30.320 Contract
and other actions and suits against governmental units
30.330 Contracts
of Department of Transportation providing for arbitration
30.340 Title
of proceedings by or against county; control of proceedings by county court
30.360 Governmental
unit as defendant in actions involving liens on realty
30.370 Service
of summons on Attorney General; content
30.380 Action
by assignee of claim for money illegally charged or exacted
30.390 Satisfaction
of judgment against public corporation
30.395 Settlement
of certain claims against municipal corporations; manner of payment
30.400 Actions
by and against public officers in official capacity
INJUNCTIONS BY PUBLIC SERVANT OR PUBLIC
SERVANT’S EMPLOYER
30.405 Injunction
for criminal conduct related to employment or status of public servant
30.407 Request
for hearing following issuance of order under ORS 30.405
RECOVERY OF FINES AND FORFEITURES
30.410 In
whose name action brought
30.420 Venue
of action for forfeiture
30.430 Amount
of penalty
30.440 Judgment
by collusion not a bar
30.450 Disposition
of fines and forfeitures
30.460 Payment
of fines or costs in proceeding to enforce county ordinance or resolution;
defendant personally liable
VOLUNTEERS TRANSPORTING OLDER PERSONS AND PERSONS WITH DISABILITIES
30.475 Legislative
policy
30.480 Limitation
on liability of volunteers; conditions
30.485 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
30.490 Definitions
for ORS 30.490 to 30.497
30.492 Limitation
on liability of volunteer providing assistance or advice related to mitigation
or cleanup of discharge of hazardous material
30.495 Exceptions
to limitation
30.497 When
limitation on liability not applicable
30.500 Definitions
for ORS 30.500 and 30.505
30.505 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
30.510 Action
for usurpation of office or franchise, forfeiture of office or failure to
incorporate
30.520 Joinder
of defendants
30.530 Determining
right of person claiming an office or franchise
30.540 Rights
of person adjudged entitled to office or franchise
30.550 Action
for damages
30.560 Judgment
against usurper; imposition of fine
30.570 Action
to annul corporate existence on direction of Governor
30.580 Action
to annul corporate existence on leave of court
30.590 Judgment
against corporation
30.600 Action
to annul letters patent
30.610 Prosecutor;
verification of pleadings; affidavit for leave of court; relator as coplaintiff
30.620 Duty
of district attorney
30.630 Filing
copy of judgment with Secretary of State
30.640 Enforcement
of judgment
ACTIONS AGAINST PUBLIC BODY BY INMATES
30.642 Definitions
for ORS 30.642 to 30.650
30.643 Waiver
or deferral of fees and costs in action against public body by inmate
30.645 Waiver
or deferral of fees after three dismissals of action
30.646 Payment
of costs under judgment against inmate
30.647 Dismissal
of inmate action during proceedings
30.650 Award
of noneconomic damages in inmate action
ACTIONS BASED ON COMPUTER DATE FAILURE
30.655 Definitions
for ORS 30.655 to 30.665
30.656 Action
for computer date failure
30.658
30.660 Affirmative
defense; notice and repair
30.661 Affirmative
defense; reliance
30.662 Affirmative
defense; compliance testing
30.664 Punitive
damages
30.665 Applicability
ACTIONS ARISING OUT OF EQUINE ACTIVITIES
30.687 Definitions
for ORS 30.687 to 30.697
30.689 Policy
30.691 Limitations
on liability; exceptions
30.693 Additional
exceptions to limitations on liability; effect of written release
30.695 Effect
of written release on liability of veterinarian or farrier
30.697 Effect
on workers’ compensation benefits
MISCELLANEOUS ACTIONS
30.701 Actions
against maker of dishonored check; statutory damages and attorney fees;
handling fee
30.715 Successive
actions or suits
30.740 Right
of gambling loser to recover double losses
30.750 Liability
of abstractors
30.765 Liability
of parents for tort by child; effect on foster parents
30.780 Liability
for damages caused by gambling
30.785 Liability
of construction design professional for injuries resulting from failure of
employer to comply with safety standards
30.788 Liability
of architect, engineer, inspector or building evaluator for emergency relief
services
30.792 Liability
of health care provider or health clinic for volunteer services to charitable
corporations
30.800 Liability
for emergency medical assistance
30.802 Liability
for use of automated external defibrillator
30.803 Liability
of certified emergency medical technician acting as volunteer
30.805 Liability
for emergency medical assistance by government personnel
30.807 Liability
for emergency transportation assistance
30.820 Action
against seller of drugged horse; attorney fees
30.822 Action
for theft of or injury to search and rescue animal or therapy animal; attorney
fees
30.825 Action
for unlawful tree spiking; attorney fees
30.830 Action
against judicial officer for failure to make certain payments
30.860 Action
for trade discrimination; treble damages; attorney fees
30.862 Action
for public investment fraud; attorney fees
30.864 Action
for disclosure of certain education records; limitation of action; attorney
fees
30.865 Action
for invasion of personal privacy; attorney fees
30.866 Action
for issuance or violation of stalking protective order; attorney fees
30.867 Action
for violation of criminal laws relating to involuntary servitude or trafficking
in persons
30.868 Civil
damages for custodial interference; attorney fees
30.870 Definitions
for ORS 30.870 and 30.875
30.875 Civil
damages for shoplifting or taking of agricultural produce
30.876 Treble
damages and costs in actions arising out of interference with agricultural
research
30.877 Treble
damages and costs in actions arising out of research and animal interference
and arising out of interference with livestock production
30.882 Award
of liquidated damages to sports official subjected to offensive physical
contact; attorney fees
30.890 Liability
of food gleaners, donors and distributors
30.892 Liability
of donors and distributors of general merchandise and household items
PRODUCT LIABILITY ACTIONS
30.900 “Product
liability civil action” defined
30.905 Time
limitation for commencement of action
30.907 Action
for damages from asbestos-related disease; limitations
30.908 Action
arising out of injury from breast implants; limitations
30.910 Product
disputably presumed not unreasonably dangerous
30.915 Defenses
30.920 When
seller or lessor of product liable; effect of liability rule
30.925 Punitive
damages
30.927 When
manufacturer of drug not liable for punitive damages; exceptions
FARMING AND
30.930 Definitions
for ORS 30.930 to 30.947
30.931 Transport
or movement of equipment, device, vehicle or livestock as farming or forest
practice
30.932 Definition
of “nuisance” or “trespass”
30.933 Legislative
findings; policy
30.934 Prohibition
on local laws that make forest practice a nuisance or trespass; exceptions
30.935 Prohibition
on local laws that make farm practice a nuisance or trespass
30.936 Immunity
from private action based on farming or forest practice on certain lands;
exceptions
30.937 Immunity
from private action based on farming or forest practice allowed as preexisting
nonconforming use; exceptions
30.938 Attorney
fees and costs
30.939 When
use of pesticide considered farming or forest practice
30.940 Effect
on other remedies
30.942 Rules
30.943 Certain
agencies not required to investigate complaints based on farming or forest
practice
30.947 Effect
of siting of destination resorts or other nonfarm or nonforest uses
ACTIONS ARISING OUT OF FOOD-RELATED CONDITION
30.961 Actions
against sellers of food for food-related condition
30.963 Claim
requirements for actions involving food-related conditions
SKIING ACTIVITIES
30.970 Definitions
for ORS 30.970 to 30.990
30.975 Skiers
assume certain risks
30.980 Notice
to ski area operator of injury to skier; injuries resulting in death; statute
of limitations; informing skiers of notice requirements
30.985 Duties
of skiers; effect of failure to comply
30.990 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 decedent’s surviving spouse, surviving
children, surviving parents and other individuals, if any, who under the law of
intestate succession of the state of the decedent’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 doctors’ 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 decedent’s
death;
(c) Justly, fairly and reasonably
compensates for pecuniary loss to the decedent’s estate;
(d) Justly, fairly and reasonably
compensates the decedent’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
doctors’ 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 decedent’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 beneficiary’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