Title 3, Remedies and Special Actions and Proceedings

(1) Except as provided in subsection (2) of this section, the court may not waive or defer the fees or court costs under ORS 30.643 for an adult in custody if the adult in custody has, on three or more prior occasions while incarcerated or detained in any correctional facility, f…

(1) If an adult in custody files an action against a public body and a judgment is entered that requires the adult in custody to pay costs to the public body, the adult in custody must pay the full amount of the costs ordered. (2) Payment for costs under this section shall be mad…

(1) If fees or court costs of an adult in custody have been waived or deferred under ORS 30.643, a court shall dismiss the case if at any time the court determines that the adult in custody was in fact able to pay fees and court costs at the time the application for waiver or def…

(1)(a) An adult in custody who brings an action against a public body in a small claims department must serve the notice and claim and all subsequent filings on the public body. If the public body is the Department of Corrections or another state agency, the adult in custody must…

Noneconomic damages, as defined in ORS 31.705, may not be awarded to an adult in custody in an action against a public body unless the adult in custody has established that the adult in custody suffered economic damages, as defined in ORS 31.705. [1999 c.657 §6; 2019 c.213 §10; 2…

(1) A person may petition for compensation for wrongful conviction against the state if all of the following requirements are satisfied: (a) The person was convicted of one or more felonies and subsequently imprisoned as a result of the conviction or convictions; (b)(A) The perso…

(1) A person may not file a petition under ORS 30.657 unless notice of petition is given as required by this section. (2) Notice of petition shall be given within 180 days after the date on which the charges were dismissed, the person was found not guilty on retrial or the person…

As used in ORS 30.671 to 30.677: (1) “Agri-tourism activity” means an activity carried out on a farm or ranch that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, wineries, ranchi…

(1) Except as provided in subsections (2) and (3) of this section, an agri-tourism professional that posts the notices required under ORS 30.677 is not liable for an injury to or the death of a participant arising from the inherent risks of an agri-tourism activity. (2) Subsectio…

(1) An agri-tourism professional shall conspicuously post the notice specified in subsection (2) of this section: (a) At the entrance to the agri-tourism site, in black letters at least one inch in height; (b) At any location where an agri-tourism activity takes place, in black l…

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, bu…

(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 St…

(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 …

(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 reasonab…

(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 assi…

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]

(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…

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 o…

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 …

(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 leg…

(1) As used in this section: (a) “Airstrip” means land that contains a runway or heliport operated and maintained for the takeoff and landing of motorized aircraft and that is registered with the Oregon Department of Aviation or the Federal Aviation Administration at the time of …

(1) As used in this section, “educational provider” means a public or private elementary or secondary school or an education service district. (2) A property owner that enters into a contract to allow a nonprofit organization or an educational provider to use the property owner’s…

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…

(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 pra…

(1) As used in this section: (a)(A) “Charitable organization” means a charitable organization, as defined in ORS 128.620, that: (i) Spends at least 65 percent of its revenues on charitable programs; and (ii) Has a financially secure source of recovery for individuals who suffer h…

(1) As used in this section: (a) “Direct entry midwife” means a person practicing direct entry midwifery as defined in ORS 687.405. (b) “Hospital” has the meaning given that term in ORS 442.015. (2) A person may not bring a cause of action against a physician licensed under ORS c…

(1) As used in this section and ORS 30.805, “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 the office …

(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, …

A person may not maintain a cause of action for injury, death or loss against a licensed emergency medical services provider 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…

(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 un…

(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…

(1) A fraternal organization, as defined in ORS 307.134, that is also a charitable corporation, as defined in ORS 128.620, and any other charitable corporation, as defined in ORS 128.620, that is affiliated with the fraternal organization are not liable for any damages arising ou…

(1) As used in this section: (a) “Homeless individual” has the meaning given that term in 42 U.S.C. 11302, as in effect on March 16, 2012. (b) “Outreach services” includes, but is not limited to: (A) Case management services such as assessment and referral for alcohol or other dr…

(1) As used in this section, “motor vehicle” has the meaning given that term in ORS 801.360. (2) A person who enters a motor vehicle, by force or otherwise, to remove a child or domestic animal left unattended in the motor vehicle is not subject to criminal or civil liability if …

(1) As used in this section, “law enforcement dog” means a dog that is sold or leased to a law enforcement agency and intended to be a law enforcement animal as defined in ORS 167.310. (2) A seller or lessor of a law enforcement dog is not liable under ORS 30.920 for physical har…

(1) As used in this section, “abuse” means an act or omission in violation of ORS 167.310 to 167.351 that results in physical injury to a domestic animal. (2) A person that provides or ensures the provision of veterinary care for an animal for the purpose of addressing the effect…

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 fee…

(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, a…

Any person who is damaged by an act prohibited in ORS 164.886 (1) to (3) may bring a civil action to recover damages sustained. A party seeking civil damages under this section may recover upon proof by a preponderance of the evidence of a violation of the provisions of ORS 164.8…

(1) As used in this section: (a) “Designated representative” has the meaning given that term in ORS 243.796. (b) “Exclusive representative” and “labor organization” have the meanings given those terms in ORS 243.650. (c) “Falsely impersonate a union representative” means to use f…

(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 image or recording of the plaintiff in a state of nudity …

(1) Irrespective of any criminal prosecution or the result thereof, a person depicted in an image disclosed in violation of ORS 163.472, or that person’s parent or guardian, representative or estate, shall have a civil action to secure an injunction, damages or other appropriate …

(1) As used in this section, “intimate image” means an image depicting sexual conduct as defined in ORS 167.051 or uncovered human genitals. (2) A plaintiff may bring a civil action against a person who, after attaining 18 years of age, transmits an intimate image by computer or …

(1) As used in this section: (a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer. (b) “Injure” means to subject another to bodily injury or death. (c) “Harass” means to subject another to severe emotional distress such that …