Title 3, Remedies and Special Actions and Proceedings

(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 …

(1) Skiers shall have duties which include but are not limited to the following: (a) Skiers who ski in any area not designated for skiing within the permit area assume the inherent risks thereof. (b) Skiers shall be the sole judges of the limits of their skills and their ability …

Ski area operators shall give notice to skiers of their duties under ORS 30.985 in a manner reasonably calculated to inform skiers of those duties. [1979 c.665 §5] ACTIONS AGAINST SCHOOLS RELATED TO COVID-19 (Temporary provisions relating to actions against schools related to COV…

(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…