USA Statutes : oregon
Title : TITLE 03 REMEDIES AND SPECIAL ACTIONS AND PROCEEDINGS
Chapter : Chapter 30 Actions and Suits in Particular Cases
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] 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](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] (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 defendant'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 claimant'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]

     

(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]FARMING AND FOREST PRACTICESAs 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) "Forest practice" means a mode of operation on forestland that:

(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]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]" 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] (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) Forest practices on lands zoned for the production of forest
products must be protected.

(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](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]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](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](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] 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]
(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]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] (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]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]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]

          

ACTIONS ARISING OUT OF 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 agency's
statutory authority to enforce laws relating to adulteration or
misbranding of food. [2005 c.658 §1]Note: Section 2, chapter 658, Oregon Laws 2005, provides:

Sec. 2. Section 1 of this 2005 Act [30.961] does not apply to any
cause of action for which a civil action was commenced as described by
ORS 12.020 before the effective date of this 2005 Act [January 1, 2006].
[2005 c.658 §2](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]Note: Section 4, chapter 658, Oregon Laws 2005, provides:

Sec. 4. Section 3 of this 2005 Act [30.963] applies only to
complaints, cross-claims, counterclaims or third-party complaints filed
on or after the effective date of this 2005 Act [January 1, 2006]. [2005
c.658 §4]SKIING ACTIVITIESIn 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](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] (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] 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]

_______________
(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] (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] 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] 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] 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] 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. (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] 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] 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.
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

     

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]

     

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(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. [1999 c.438 §1; 2001 c.291 §1; 2003
c.331 §1]ACTIONS ON CERTAIN CONSTRUCTION AGREEMENTS(1) Except to the extent provided under subsection (2) of this
section, any provision in a construction agreement that requires a person
or that person'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 person'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 indemnitor's agents,
representatives or subcontractors.

(3) As used in this section, "construction agreement" means any
written agreement for the 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.
Without limiting those agreements that are not construction agreements, a
"construction agreement" does not include:

(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 construction, alteration, repair, improvement or
maintenance as long as the predominant purpose of the lease or rental
agreement is not construction, alteration, repair, improvement or
maintenance of real property; or

(b) Any personal property lease or rental agreement.

(4) 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]

     

ACTIONS AGAINST FORMER EMPLOYER FOR DISCLOSURE OF INFORMATION(1) An employer who discloses information about a former employee'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

(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]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] 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]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]ACTIONS ARISING OUT OF THE PROVISION OF 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](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 person'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 person'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] (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(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] 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 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. 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. 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] 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. 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)

(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 mentally retarded or
developmentally disabled individuals.

(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 mentally retarded or
developmentally disabled individuals, 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 mentally retarded or
developmentally disabled individuals 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]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.(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](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 officer's, employee's or agent'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.

(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
workers' 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](1) For the purposes of ORS 30.260 to
30.300, all services constituting patient care, including, but not
limited to, inpatient care, outpatient care and all forms of
consultation, that are provided on the Oregon Health and Science
University campus or in any Oregon Health and Science University clinic
are within the scope of their state employment or duties when performed
by:

(a) Salaried physicians or dentists employed at any full-time
equivalent by the Oregon Health and Science University;

(b) Nonsalaried or courtesy physicians or dentists affiliated with
the Oregon Health and Science University;

(c) Medical, dental or nursing students or trainees affiliated with
the Oregon Health and Science University;

(d) Volunteer physicians or dentists affiliated with the Oregon
Health and Science University; or

(e) Any nurses, students, orderlies, volunteers, aides or employees
of the Oregon Health and Science University.

(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](1) For the purposes of ORS
30.260 to 30.300, all services constituting patient care, including, but
not limited to, inpatient care, outpatient care and all forms of
consultation 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 within the scope of state employment or duties
when:

(a) Provided by members of the Oregon Health and Science University
faculty or staff, Oregon Health and Science University students under
prior written express authorization from the president of the Oregon
Health and Science University or a representative of the president to
provide those services at that location;

(b) The services provided are within the scope of the express
authorization; and

(c) The Oregon Health and Science University:

(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] (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]

     

(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 person'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]Note: See first note under 30.261.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.

     

(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]Note: Section 3, chapter 175, Oregon Laws 2005, provides:

Sec. 3. The amendments to ORS 30.282 by section 2 of this 2005 Act
apply to a self-insurance fund or a self-insurance program established
before, on or after the effective date of this 2005 Act [January 1,
2006]. [2005 c.175 §3](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](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] 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](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 year'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 Oregon.

(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 Oregon, attest thereto
in lieu of a resolution, and the State of Oregon may thereafter petition
for an order permitting installment payments as provided in subsection
(6) of this section.

(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 Oregon when no judgment has been entered shall be filed in
Marion County Circuit Court.

(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](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.(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.(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 Board of Medical Examiners for the
State of Oregon 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 A suit or action
may be maintained by the State of Oregon or any county, incorporated
city, school district or other public corporation of like character in
this state, in its corporate name, upon a cause of suit or action
accruing to it in its corporate character, and not otherwise, in the
following cases:

(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.
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](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]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]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]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.

     

(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 Oregon or any county, incorporated city, school district or
other public corporation of like character in this state. [Amended by
1959 c.586 §1; 1993 c.289 §2] 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]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. 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](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]
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.

     

INJUNCTIONS BY PUBLIC SERVANT OR PUBLIC SERVANT'S EMPLOYER(1) A public servant or the public servant'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
servant'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.(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 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. 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. 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. 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. 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]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 DISABLED AND OLDER PERSONSIn enacting ORS 30.480 and 30.485, the
Legislative Assembly of the State of Oregon declares:

(1) That many disabled persons 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 disabled persons and older persons, and that it is in
the best interest of this state to encourage volunteers to provide
transportation services to Oregon's disabled people and older people;

(3) That the threat or fear of personal liability arising from the
provision of transportation services to disabled persons 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] (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 who is disabled
or 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 provider'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 are disabled 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
provider'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 are disabled 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 Oregon driver's license.

(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 who is disabled or 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 person'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 is disabled 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](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

(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](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] 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 person's service in rendering such assistance or advice. [1985
c.376 §3] Nothing in ORS
30.492 shall be construed to limit or otherwise affect the liability of
any person for damages resulting from the person's gross negligence or
from the person's reckless, wanton or intentional misconduct. [1985 c.376
§4] 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](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 person's service in providing such assistance,
training or advice.

(c) The liability of any person for damages resulting from the
person's gross negligence or from the person'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 PATENTAn 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. 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.
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.
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. 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] 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.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. 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. 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. 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]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] 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. 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]

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(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 required by ORS 21.605 a certified copy
of the inmate'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 inmate's trust account and any other resources
available to the inmate. The court may only waive the inmate'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 inmate's trust account, shall assess and
collect filing fees and court costs as funds become available in the
inmate'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]
(1) Except as provided in subsection (2) of this section, the court may
not waive or defer an inmate'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 required by ORS 21.605 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] (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 inmate's trust account. [1999
c.657 §4] (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
21.605.

(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 respondent'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] 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 (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] (1) Before a claimant may commence an
action against a person for damages caused by a computer date failure,
the claimant must notify the person of the failure, describe the failure
and provide the person a reasonable opportunity to cure the failure or to
make restitution.

(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] (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] (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] (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] 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] (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
workers' compensation benefits under the workers' 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]ACTIONS ARISING OUT OF EQUINE ACTIVITIES 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](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 Oregon that no person shall be
liable for damages sustained by another solely as a result of risks
inherent in equine activity, insofar as those risks are, or should be,
reasonably obvious, expected or necessary to the person injured.

(3) It is the policy of the State of Oregon that persons
responsible for equines, or responsible for the safety of those persons
engaged in equine activities, who are negligent and cause foreseeable
injury to a person engaged in those activities, bear responsibility for
that injury in accordance with other applicable law. [1991 c.864 §1] (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
participant'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](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](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] Nothing in ORS
30.687 to 30.695 shall affect the right of any person to any workers'
compensation benefits that may be payable by reason of death, injury or
other loss. [1991 c.864 §6]MISCELLANEOUS ACTIONS(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 plaintiff'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 plaintiff'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] 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]

               

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] 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.

     

(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]

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](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]

     

(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](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
person's gross negligence or from the person'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] (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 physician's or dentist'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 Board of
Medical Examiners for the State of Oregon in the physician'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] (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 person'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]Note: Section 2, chapter 551, Oregon Laws 2005, provides:

Sec. 2. Section 1 of this 2005 Act [30.802] applies to causes of
action arising on or after the effective date of this 2005 Act [July 20,
2005]. [2005 c.551 §2]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](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] (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] 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](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] Any person
who is damaged by an act prohibited in ORS 164.877 (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 164.877 (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]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 Oregon, to
recover the unpaid amounts with interest at the legal rate. [1971 c.186
§7; 1981 s.s. c.3 §111; 1983 c.763 §52; 1987 c.905 §3a]

          

(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
person'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] (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](1) Any person claiming to be
aggrieved by the reckless disclosure of personally identifiable
information from a student'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] (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]Note: Section 2, chapter 544, Oregon Laws 2005, provides:

Sec. 2. Section 1 of this 2005 Act [30.865] applies only to conduct
that occurs on or after the effective date of this 2005 Act [July 15,
2005]. [2005 c.544 §2](1) A person may bring a civil action in a circuit
court for a court'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
person's immediate family or household thereby alarming or coercing the
other person;

(b) It is objectively reasonable for a person in the victim'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 victim'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 court'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 court'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 court'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 respondent'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
court'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. (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 defendant'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 defendant'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 Oregon
to act as guardian ad litem for the person; and

(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 parties' 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 defendant'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] 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](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 individual'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 minor'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]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]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](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] (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](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]PRODUCT LIABILITY ACTIONS 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] (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]

     

(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 plaintiff'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](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 plaintiff'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 (4) 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]