US Laws, Codes, Statutes & 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

 

30.010       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 Science University facilities

 

30.268       Liability for certain medical treatment at facilities other than Oregon Health and Science University

 

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       Opportunity to cure

 

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 FOREST PRACTICES

 

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