2011 Oregon Revised Statutes
ORS Volume 3, Chapters 90 - 130
ORS Chapter 105
105.834 Owner s immunity from liability for theft of metal property.


OR Rev Stat § 105.834 (through Leg Sess 2011) What's This?

(1) As used in this section, owner means a person, including a tenant, lessee, occupant or other person, that possesses an interest in land, including but not limited to a possession of a fee title.

(2) An owner of land is not liable for personal injury, death or property damage that arises out of:

(a) Theft or attempted theft of metal property as defined in ORS 165.116 from the owner s land; or

(b) A hazardous condition that results from theft or attempted theft of metal property as defined in ORS 165.116 from the owner s land when the owner did not know or could not reasonably have known of the hazardous condition.

(3) The immunities provided under this section apply to:

(a) Public and private land;

(b) Roads, bodies of water, watercourses, rights of way, buildings and fixtures or structures on the owner s land; and

(c) Machinery or equipment on the owner s land.

(4) This section does not create or impose a duty of care upon an owner or possessor of land that would not otherwise exist under common law. [2009 c.811 10]

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