Chapter 31 — Chapter 31

ORS 31.010 [Repealed by 1981 c.898 §53]

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ORS 31.020 [Repealed by 1981 c.898 §53]

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ORS 31.030 [Repealed by 1981 c.898 §53]

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ORS 31.040 [Repealed by 1981 c.898 §53]

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ORS 31.050 [Renumbered 652.500]

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ORS 31.150 Special motion to strike; when available; burden of proof. (1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail on the claim. The special motion to strike shall be treated as a motion to dismiss under ORCP 21 A but shall not be subject to ORCP 21 F. Upon granting the special motion to strike, the court shall enter a judgment of dismissal without prejudice. If the court denies a special motion to strike, the court shall enter a limited judgment denying the motion

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ORS 31.152 Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals. (1) A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing

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ORS 31.155 Exempt actions; substantive law not affected. (1) ORS 31.150 and 31.152 do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity

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ORS 31.180 Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions. (1) It is a complete defense in any civil action for personal injury or wrongful death that

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ORS 31.200 Liability of radio or television station personnel for defamation. (1) The owner, licensee or operator of a radio or television broadcasting station, and the agents or employees of the owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator, agent or employee failed to exercise due care to prevent the publication or utterance of such statement in such broadcast

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ORS 31.205 Damages recoverable for defamation by periodical, radio, television or motion pictures. Except as provided in ORS 31.210, in an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages that, by competent evidence, the plaintiff can prove to have suffered as a direct and proximate result of the publication of the defamatory statement. [Formerly 30.155; 2025 c.393 §1]

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ORS 31.210 When general damages allowed. (1) In an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless

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ORS 31.215 Publication of correction or retraction upon demand. (1) The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher’s place of business or residence within 20 days after the defamed person receives actual knowledge of the defamatory statement. The demand shall specify which statements are false and defamatory and request that they be corrected or retracted. The demand may also refer to the sources from which the true facts may be ascertained with accuracy

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ORS 31.220 Effect of publication of correction or retraction prior to demand. A correction or retraction published prior to notice of demand therefor shall have the same effect as a correction or retraction after demand, if the requirements of ORS 31.215 (2), (3) and (4) are substantially complied with. [Formerly 30.170]

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ORS 31.225 Publisher’s defenses and privileges not affected. Nothing in ORS 31.205 to 31.220 shall be deemed to affect any defense or privilege which the publisher may possess by virtue of existing law. [Formerly 30.175]

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ORS 31.230 Wrongful use of civil proceeding; pleading; procedure. (1) In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims

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ORS 31.250 Mandatory dispute resolution for certain actions against health practitioners and health care facilities

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ORS 31.260 Definitions for ORS 31.260 to 31.278. As used in ORS 31.260 to 31.278

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ORS 31.262 Notice of adverse health care incident. (1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule

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ORS 31.264 Discussion of adverse health care incident; offers of compensation; reporting to commission. (1) A health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule

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ORS 31.266 Discussion communications; admissibility; disclosure. (1) As used in this section, “discussion communication” means

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ORS 31.268 Mediation. (1) If a discussion under ORS 31.264 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 Act may enter into mediation

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ORS 31.270 Payment and resolution. (1) A payment made to a patient under ORS 31.264 or as a result of a mediation under ORS 31.268 is not a payment resulting from a written claim or demand for payment

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ORS 31.272 Statute of limitations; evidence of offers and payments. (1) The provisions of ORS 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim

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ORS 31.274 Patient representatives. (1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative

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ORS 31.276 Duties of Oregon Patient Safety Commission; rules; report. (1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement ORS 31.260 to 31.278, including, but not limited to

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ORS 31.278 Use of information relating to notice of adverse health care incident. (1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident

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ORS 31.280 [2013 c.5 §17; repealed by 2025 c.405 §17]

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ORS 31.300 Pleading requirements for actions against design professionals. (1) As used in this section, “design professional” means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state

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ORS 31.350 Pleading requirements for actions against real estate licensees. (1) As used in this section, “real estate licensee” has the meaning given that term in ORS 696.010

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ORS 31.360 Proof required for claim of economic damages in action arising from injury caused by dog. (1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog

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ORS 31.370 Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police. (1) In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police

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ORS 31.550 “Advance payment” defined. As used in ORS 12.155 and 31.550 to 31.565, “advance payment” means compensation for the injury or death of a person or the injury or destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]

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ORS 31.555 Effect of advance payment; payment as satisfaction of judgment. (1) If judgment is entered against a party on whose behalf an advance payment referred to in ORS 31.560 or 31.565 has been made and in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any such payments in the manner provided in subsection (3) of this section. However, nothing in ORS 12.155, 31.560 and 31.565 and this section authorizes the person making such payments to recover such advance payment if no damages are awarded or to recover any amount by which the advance payment exceeds the award of damages

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ORS 31.560 Advance payment for death or personal injury not admission of liability; when advance payment made. (1) Advance payment made for damages arising from the death or injury of a person is not an admission of liability for the death or injury by the person making the payment unless the parties to the payment agree to the contrary in writing

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ORS 31.565 Advance payment for property damage not admission of liability. Any advance payment made for damages arising from injury or destruction of property is not an admission of liability for the injury or destruction by the person making the payment unless the parties to the payment agree to the contrary in writing. [Formerly 18.530]

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ORS 31.580 Effect of collateral benefits. (1) In a civil action, when a party is awarded damages for bodily injury or death of a person which are to be paid by another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the court may deduct from the amount of damages awarded, before the entry of a judgment, the total amount of those collateral benefits other than

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ORS 31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints. (1) Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense

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ORS 31.605 Special questions to trier of fact; jury not to be informed of settlement. (1) When requested by any party the trier of fact shall answer special questions indicating

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ORS 31.610 Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation. (1) Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint

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ORS 31.615 Setoff of damages not allowed. Setoff of damages shall not be granted in actions subject to ORS 31.600 to 31.620. [Formerly 18.490]

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ORS 31.620 Doctrines of last clear chance and implied assumption of risk abolished. (1) The doctrine of last clear chance is abolished

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ORS 31.700 Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion. (1) When the guardian ad litem or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the guardian ad litem or conservator to include in the cause of action the damages as, in all the circumstances of the case, may be just, and will reasonably and fairly compensate for the doctor, hospital and medical expenses caused by the injury

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ORS 31.705 Economic and noneconomic damages separately set forth in verdict; “economic damages” and “noneconomic damages” defined. (1) A verdict shall set forth separately economic damages and noneconomic damages

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ORS 31.710 Limitation on award for noneconomic damages in claim for wrongful death. (1) Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as defined in ORS 31.705, shall not exceed $500,000

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ORS 31.715 Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants. (1) Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.705, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of ORS 806.010 or 813.010 at the time the act or omission causing the death or injury occurred. A claim for noneconomic damages shall not be considered by the jury if the jury determines that the limitation on liability established by this section applies to the claim for noneconomic damages

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ORS 31.725 Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing. (1) A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section

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ORS 31.730 Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures. (1) Punitive damages are not recoverable in a civil action unless it is proven by clear and convincing evidence that the party against whom punitive damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others

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ORS 31.735 Distribution of punitive damages; notice to Department of Justice; order of application. (1) Upon the entry of a verdict including an award of punitive damages, the Department of Justice becomes a judgment creditor as to the amounts payable under paragraphs (b) and (c) of this subsection, and the punitive damage portion of an award shall be allocated as follows

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ORS 31.740 When award of punitive damages against health practitioner prohibited. Punitive damages may not be awarded against a health practitioner if

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