Chapter 31 — Chapter 31
72 sections in this chapter.
ORS 31.760 Evidence of nonuse of safety belt or harness to mitigate damages. (1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled
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(2) Subsection (1) of this section shall not apply to: (a) Actions brought under ORS 30.900 to 30.920; or (b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of th…
ORS 31.770 Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction. (1) A calculation of the projected future earning potential of the plaintiff that takes into account the race or ethnicity of the plaintiff is inadmissible in any civil action
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(2) The court shall instruct the jury in a civil action involving a claim for projected future earnings that the jury may not consider the race or ethnicity of the plaintiff in determining whether to award damages for projected future earnings or the amount of damages for project…
ORS 31.800 Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right. (1) Except as otherwise provided in this section, where two or more persons become jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. There is no right of contribution from a person who is not liable in tort to the claimant
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(2) The right of contribution exists only in favor of a tortfeasor who has paid more than a proportional share of the common liability, and the total recovery of the tortfeasor is limited to the amount paid by the tortfeasor in excess of the proportional share. No tortfeasor is c…
ORS 31.805 Basis for proportional shares of tortfeasors. (1) The proportional shares of tortfeasors in the entire liability shall be based upon their relative degrees of fault or responsibility. In contribution actions arising out of liability under ORS 31.600, the proportional share of a tortfeasor in the entire liability shall be based upon the tortfeasor’s percentage of the common negligence of all tortfeasors
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(2) If equity requires, the collective liability of some as a group shall constitute a single share. Principles of equity applicable to contribution generally shall apply. [Formerly 18.445]
ORS 31.810 Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment. (1) Whether or not judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action
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(2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. …
ORS 31.815 Covenant not to sue; effect; notice. (1) When a covenant not to sue or not to enforce judgment is given in good faith to one of two or more persons liable in tort for the same injury to person or property or the same wrongful death or claimed to be liable in tort for the same injury or the same wrongful death
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(a) It does not discharge any of the other tortfeasors from liability for the injury or wrongful death unless its terms so provide; but the claimant’s claim against all other persons specified in ORS 31.600 (2) for the injury or wrongful death is reduced by the share of the oblig…
ORS 31.820 Severability. If any provision of ORS 31.800 to 31.820 or the application thereof to any person is held invalid, the invalidity shall not affect other provisions or applications of ORS 31.800 to 31.820 which can be given effect without the invalid provision or application and to this end the provisions of ORS 31.800 to 31.820 are severable. [Formerly 18.460]
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ASSIGNMENT OF CAUSE OF ACTION AGAINST INSURER
ORS 31.825 Assignment of cause of action against insurer. A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s insurer as a result of the judgment to the plaintiff in whose favor the judgment has been entered. That assignment and any release or covenant given for the assignment shall not extinguish the cause of action against the insurer unless the assignment specifically so provides. [Formerly 17.100]
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[Repealed or reserved.]
ORS 31.850 [2009 c.451 §1; renumbered 15.400 in 2011]
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[Repealed or reserved.]
ORS 31.855 [2009 c.451 §2; renumbered 15.405 in 2011]
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[Repealed or reserved.]
ORS 31.860 [2009 c.451 §3; renumbered 15.410 in 2011]
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[Repealed or reserved.]
ORS 31.862 [2009 c.451 §4; renumbered 15.415 in 2011]
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[Repealed or reserved.]
ORS 31.865 [2009 c.451 §5; renumbered 15.420 in 2011]
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[Repealed or reserved.]
ORS 31.870 [2009 c.451 §6; renumbered 15.430 in 2011]
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[Repealed or reserved.]
ORS 31.872 [2009 c.451 §7; renumbered 15.435 in 2011]
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[Repealed or reserved.]
ORS 31.875 [2009 c.451 §8; renumbered 15.440 in 2011]
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[Repealed or reserved.]
ORS 31.878 [2009 c.451 §9; renumbered 15.445 in 2011]
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[Repealed or reserved.]
ORS 31.880 [2009 c.451 §10; renumbered 15.450 in 2011]
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[Repealed or reserved.]
ORS 31.885 [2009 c.451 §11; renumbered 15.455 in 2011]
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[Repealed or reserved.]
ORS 31.890 [2009 c.451 §12; renumbered 15.460 in 2011]
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ABOLISHED COMMON LAW ACTIONS
ORS 31.980 Action for alienation of affections abolished. There shall be no civil cause of action for alienation of affections. [Formerly 30.840]
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[Repealed or reserved.]
ORS 31.982 Action for criminal conversation abolished. There shall be no civil cause of action for criminal conversation. [Formerly 30.850]
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