Title 3, Remedies and Special Actions and Proceedings

(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 pro…

(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 condition…

(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. (2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) a…

(1) It is a complete defense in any civil action for personal injury or wrongful death that: (a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and (b) The felonious conduct was a substantial…

(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 othe…

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…

(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: (a) A correction or ret…

(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 publish…

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]

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] (Wrongful Use of Civil Proceeding)

(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. (2) The filing of a c…

(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless: (a) The action is settled or otherwise resolved within 270 days after…

As used in ORS 31.260 to 31.278: (1) “Adverse health care incident” means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient. (2) “Health care facility” has the me…

(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 t…

(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…

(1) As used in this section, “discussion communication” means: (a) All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the cou…

(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 …

(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. (2) A health care provider or health care facility may require the patient to execute all documents and obtain an…

(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. (2) The statute of limitations applicable to a negligence claim is tolled for 18…

(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 follo…

(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: (a) Procedures for filing a notice of adverse health care incident under ORS 31.262 and for conducting…

(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 …

(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 professio…

(1) As used in this section, “real estate licensee” has the meaning given that term in ORS 696.010. (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the cou…

(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: (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and (b) The owner of the …

(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 P…

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]

(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 s…

(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. (2) For the purpose of subsection (1) of…

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] COLLATERAL BEN…

(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 i…

(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 sp…

(1) When requested by any party the trier of fact shall answer special questions indicating: (a) The amount of damages to which a party seeking recovery would be entitled, assuming that party not to be at fault. (b) The degree of fault of each person specified in ORS 31.600 (2). …

(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 defenda…

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

(1) The doctrine of last clear chance is abolished. (2) The doctrine of implied assumption of the risk is abolished. [Formerly 18.475] DAMAGES (Economic and Noneconomic Damages)

(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 gu…

(1) A verdict shall set forth separately economic damages and noneconomic damages. (2) As used in this section: (a) “Economic damages” means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing …

(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 def…

(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 …

(1) A pleading in a civil action may not contain a request for an award of punitive damages except as provided in this section. (2) At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the plea…

(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 …

(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: (a) …

Punitive damages may not be awarded against a health practitioner if: (1) The health practitioner is licensed, registered or certified as: (a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A regul…

(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 t…

(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. (2) The court shall instruct the jury in a civil action involving a claim for projected future earnings…

(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…

(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 bas…

(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. (2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury…

(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: (a) I…