Title 3, Remedies and Special Actions and Proceedings

(1) Irrespective of any criminal prosecution or the result thereof, a person or health care facility aggrieved by conduct prohibited by ORS 166.119 may bring a civil action against the person or group of persons engaging in the prohibited conduct, individually or jointly with oth…

(1) A person or governmental entity may not discriminate against, boycott, blacklist or refuse to buy from, sell to or trade with any person because of foreign government imposed or sanctioned discrimination based upon the race, religion, sex, sexual orientation, gender identity …

(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 a…

(1) A plaintiff has a cause of action for the recovery of compensatory damages from any person who violates ORS 165.815. (2) In an action brought under subsection (1) of this section, the court may award the prevailing party costs and reasonable attorney fees. [2016 c.22 §2]

(1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records as prohibited by standards issued by the State Board of Education or the governing board of a public university listed in ORS 352.002 may f…

(1) A petitioner may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a respondent if: (a) The respondent intentionally, knowingly or recklessly engages in repeated and unwanted contact with the petitioner or a membe…

(1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266. (2) Upo…

(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…

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 mercha…

(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…

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…

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 cons…

(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 in…

(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 ref…

(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 requi…

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, manufac…

(1) A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if: (a) The physician provides the product to a patient as part of health care services; and (b) The physician was not i…

(1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or …

(1) A product liability civil action for damages resulting from asbestos-related disease 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, the disease and the cause ther…

(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 …

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 specific…

(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 eng…

(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 …

(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 a…

(1) As used in this section, “R type metal halide or mercury vapor light bulb” means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken. (2) A product liability civi…

As 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…

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 roa…

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 conflict…

(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…

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 cl…

(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…

(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) Dama…

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 appea…

(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…

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 30.94…

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…

(1) As used in this section: (a) “Access road” means a road owned or maintained by the State Forestry Department. (b) “Forest practice” has the meaning given that term in ORS 527.620. (c) “State forestland” means: (A) Forestland acquired under ORS 530.010 to 530.040; and (B) Comm…

(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 recognize…

(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 recognize…

As used in ORS 30.970 to 30.990: (1) “Inherent risks of skiing” includes, but is not limited to, those dangers or conditions which are an integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsur…

In 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 …