Title 3, Remedies and Special Actions and Proceedings

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 …

In a claim for defamation against an individual who makes a communication regarding an incident of sexual assault committed against the individual, in addition to the other elements required to prove a claim of defamation, it is an element of the claim that the individual made th…

(1) A person may bring a civil action for damages against any person who knowingly causes a police officer to arrive at a location to contact another person with the intent to: (a) Infringe on the other person’s rights under the Oregon or United States Constitutions; (b) Unlawful…

(1) A person or group of persons is subject to an action described in subsection (2) or (3) of this section for engaging in paramilitary activity if the person or group of persons knowingly, while acting as part of a private paramilitary organization or on behalf of or in further…

(1) A person may bring an action for an injunction compelling a private school to comply with the provisions of any of the following laws: (a) ORS 339.366 and 339.368 (policies on teen dating violence and domestic violence); (b) ORS 339.370 to 339.400 (reporting of suspected abus…

(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…