Oregon Statutes - Chapter 30 - Actions and Suits in Particular Cases

• 30.010   Who may maintain action for injury or death of child.
  (1) A parent having custody of a child of the parent may maintain an action for the injury of the child. (2) A parent may...
• 30.020   Action for wrongful death; when commenced; damages.
  (1) When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the...
• 30.030   Distribution of damages.
  (1) Upon settlement of a claim, or recovery of judgment in an action, for damages for wrongful death, by the personal representative of a decedent...
• 30.040   Apportionment among dependents upon settlement.
  Except when all beneficiaries otherwise agree, if settlement, with or without action, is effected and there is more than one beneficiary, the amount to be...
• 30.050   Apportionment among dependents after judgment.
  Except when all beneficiaries otherwise agree, if the action described in ORS 30.020 is brought, and a judgment for the plaintiff is given, and there...
• 30.060   Appeal from order of distribution or apportionment.
  In the case of an order of distribution under ORS 30.030 (5) or an order of apportionment made under either ORS 30.040 or 30.050, any...
• 30.070   Settlement; discharge of claim.
  The personal representative of the decedent, with the approval of the court of appointment, shall have full power to compromise and settle any claim of...
• 30.075   Procedure upon death of injured person.
  (1) Causes of action arising out of injuries to a person, caused by the wrongful act or omission of another, shall not abate upon the...
• 30.080   Effect of death of wrongdoer.
  Claims for relief arising out of injury to or death of a person, caused by the wrongful act or negligence of another, shall not abate...
• 30.085   [1987 c.774 §10; 1997 c.734 §1; renumbered 30.698 in 1997]
• 30.090   Appointment of administrator of estate of wrongdoer.
  If no probate of the estate of the wrongdoer has been instituted within 60 days from the death of the wrongdoer, the court, upon motion...
• 30.100   Substitution of personal representative as party defendant.
  In the event of the death of a wrongdoer, as designated in ORS 30.080, while an action is pending, the court, upon motion of the...
• 30.110   [Repealed by 1961 c.578 §1 (30.115 enacted in lieu of 30.110 and 30.120)]
• 30.115   Aircraft and watercraft guest passengers; definitions.
  No person transported by the owner or operator of an aircraft or a watercraft as a guest without payment for such transportation, shall have a...
• 30.120   [Repealed by 1961 c.578 §1 (30.115 enacted in lieu of 30.110 and 30.120)]
• 30.130   Public carriers by aircraft and prospective aircraft purchasers.
  ORS 30.115 shall not relieve a public carrier by aircraft, or any owner or operator of aircraft while the same is being demonstrated to a...
• 30.135   Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle.
  (1) Subject to the provisions of this section, a person that lends, rents, donates use of, makes available for test drive or otherwise provides a...
• 30.140   Certain indemnification provisions in construction agreement void.
  (1) Except to the extent provided under subsection (2) of this section, any provision in a construction agreement that requires a person or that person’s...
• 30.142   [2001 c.616 §1; renumbered 31.150 in 2003]
• 30.144   [2001 c.616 §2; renumbered 31.152 in 2003]
• 30.146   [2001 c.616 §3; renumbered 31.155 in 2003]
• 30.150   [Formerly 30.760; renumbered 31.200 in 2003]
• 30.155   [1955 c.365 §1; renumbered 31.205 in 2003]
• 30.160   [1955 c.365 §2; renumbered 31.210 in 2003]
• 30.165   [1955 c.365 §3; 1991 c.249 §4; renumbered 31.215 in 2003]
• 30.170   [1955 c.365 §4; renumbered 31.220 in 2003]
• 30.175   [1955 c.365 §5; renumbered 31.225 in 2003]
• 30.180   Definitions for ORS 30.180 to 30.186.
  As used in ORS 30.180 to 30.186: (1) “Customer” means the person in whose name a utility service is provided. (2) “Divert” means to change...
• 30.182   Civil action for taking of or tampering with utility services.
  A utility may bring a civil action for damages against any person who knowingly and willfully commits, authorizes, solicits, aids, abets or attempts to: (1)...
• 30.184   Amount recoverable; attorney fees.
  In any civil action brought under this section, the utility shall recover from the defendant the greater of actual damages, if any, or $100. Actual...
• 30.186   Remedies not exclusive.
  The remedies provided in ORS 30.180 to 30.186 are in addition to, and not in lieu of, any and all other remedies, both civil and...
• 30.190   [1981 c.785 §3; 1983 c.521 §3; 1995 c.618 §23; renumbered 30.198 in 1999]
• 30.192   Definitions for ORS 30.192 to 30.196.
  As used in ORS 30.192 to 30.196: (1) “Cable operator” means a person who: (a) Lawfully provides cable service over a cable system in which...
• 30.194   Prohibitions relating to cable services.
  A person shall not knowingly: (1) Obtain cable service from a cable operator by trick, artifice, deception, use of an unauthorized device or decoder, or...
• 30.195   Civil action for violation of prohibitions relating to cable services.
  (1) A cable operator may bring a civil action for damages against any person who violates any provision of ORS 30.194. (2) A cable operator...
• 30.196   Amount recoverable; attorney fees.
  (1) In addition to any other penalty provided by law, a cable operator who prevails on a claim under ORS 30.195 may recover the amount...
• 30.198   Civil action for intimidation; remedies; attorney fees; liability of parents.
  (1) Irrespective of any criminal prosecution or the result thereof, any person injured by a violation of ORS 166.155 or 166.165 shall have a civil...
• 30.200   Action by district attorney; effect on others.
  If any district attorney has reasonable cause to believe that any person or group of persons is engaged in violation of ORS 166.155 or 166.165,...
• 30.210   To whom official bonds are security.
  The official undertaking or other security of a public officer to the state, or to any county, city or other public corporation of like character...
• 30.220   Parties.
  When a public officer by official misconduct or neglect of duty forfeits an official undertaking or other security of the public officer, or renders the...
• 30.230   Leave to begin action.
  Before an action can be commenced by a plaintiff other than the state, or the public corporation named in the undertaking or security, leave shall...
• 30.240   Subsequent delinquencies on same bond.
  A judgment in favor of a party for one delinquency shall not preclude the same or another party from maintaining another action on the same...
• 30.250   Amount of judgment.
  In an action upon an official undertaking or security, if judgments have already been recovered on the same undertaking or security against the surety therein,...
• 30.260   Definitions for ORS 30.260 to 30.300.
  As used in ORS 30.260 to 30.300, unless the context requires otherwise: (1) “Department” means the Oregon Department of Administrative Services. (2) “Director” means the...
• 30.261   Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations.
  A private, nonprofit organization described under ORS 30.260 (4)(f) is subject to ORS 30.260 to 30.300 only for the purposes of providing public transportation services....
• 30.262   Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300.
  (1) The following facilities and training homes are public bodies for the purposes of ORS 30.260 to 30.300: (a) A nonprofit residential training facility as...
• 30.264   Liability insurance for students involved in off-campus experiential activities; coverage under ORS 30.260 to 30.300.
  (1) The State Board of Higher Education may authorize higher education institutions under the control of the board to provide liability insurance coverage for students...
• 30.265   Scope of liability of public body, officers, employees and agents; liability in nuclear incident.
  (1) Subject to the limitations of ORS 30.260 to 30.300, every public body is subject to action or suit for its torts and those of...
• 30.266   [1977 c.781 §2; 1981 c.109 §2; 1985 c.731 §20; 1989 c.873 §1; repealed by 1991 c.756 §5]
• 30.267   Liability for certain medical treatment at Oregon Health and Science University facilities.
  (1) For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all...
• 30.268   Liability for certain medical treatment at facilities other than Oregon Health and Science University.
  (1) For the purposes of ORS 30.260 to 30.300, all services constituting patient care, including, but not limited to, inpatient care, outpatient care and all...
• 30.270   Amount of liability.
  (1) Liability of any public body or its officers, employees or agents acting within the scope of their employment or duties on claims within the...
• 30.275   Notice of claim; time of notice; time of action.
  (1) No action arising from any act or omission of a public body or an officer, employee or agent of a public body within the...
• 30.278   Reporting notice of claim of professional negligence to licensing board.
  When notice is received under ORS 30.275 of a claim of professional negligence against a physician, optometrist, dentist, dental hygienist or naturopath who is acting...
• 30.280   [1967 c.627 §6; repealed by 1975 c.609 §25]
• 30.282   Local public body insurance; self-insurance program; action against program.
  (1) The governing body of any local public body may procure insurance against: (a) Tort liability of the public body and its officers, employees and...
• 30.285   Public body shall indemnify public officers; procedure for requesting counsel; extent of duty of state; obligation for judgment and attorney fees.
  (1) The governing body of any public body shall defend, save harmless and indemnify any of its officers, employees and agents, whether elective or appointive,...
• 30.287   Counsel for public officer; when public funds not to be paid in settlement; effect on liability limit; defense by insurer.
  (1) If any civil action, suit or proceeding is brought against any officer, employee or agent of a local public body other than the state...
• 30.290   Settlement of claims by local public body.
  The governing body of any local public body may, subject to the provisions of any contract of liability insurance existing, compromise, adjust and settle tort...
• 30.295   Payment of judgment or settlement; remedies for nonpayment; tax levy for payment; installment payments.
  (1) When a judgment is entered against or a settlement is made by a public body for a claim within the scope of ORS 30.260...
• 30.297   Liability of certain state agencies for damages caused by foster child or youth offender; conditions; exceptions.
  (1) Notwithstanding ORS 125.235, the Department of Human Services is liable for damages resulting from the intentional torts of a foster child who is residing...
• 30.298   Liability of certain state agencies to foster parents for injury or damage caused by foster child or youth offender; conditions; limitations.
  (1) Except as otherwise provided in this section, the Department of Human Services is liable, without regard to fault, for injury to the person of...
• 30.300   ORS 30.260 to 30.300 exclusive.
  ORS 30.260 to 30.300 are exclusive and supersede all home rule charter provisions and conflicting laws and ordinances on the same subject. [1967 c.627 §11]...
• 30.302   Certain retired physicians to be considered agents of public bodies.
  (1) As used in this section, “retired physician” means any person: (a) Who holds a degree of Doctor of Medicine or Doctor of Osteopathy or...
• 30.310   Actions and suits by governmental units.
  A suit or action may be maintained by the State of Oregon or any county, incorporated city, school district or other public corporation of like...
• 30.312   Actions by governmental units under federal antitrust laws.
  The State of Oregon, any city, county, school district, municipal or public corporation, political subdivision of the State of Oregon or any instrumentality thereof, or...
• 30.315   Proceedings by cities and counties to enforce ordinances and resolutions.
  (1) An incorporated city or any county may maintain civil proceedings in courts of this state against any person or property to enforce requirements or...
• 30.320   Contract and other actions and suits against governmental units.
  A suit or action may be maintained against any county and against the State of Oregon by and through and in the name of the...
• 30.330   Contracts of Department of Transportation providing for arbitration.
  The provisions of ORS 30.310 and 30.320 do not apply to contracts made by the Department of Transportation that provide for arbitration under the provisions...
• 30.340   Title of proceedings by or against county; control of proceedings by county court.
  All actions, suits or proceedings by or against a county shall be in the name of the county, but the county is represented by the...
• 30.350   [Repealed by 1979 c.284 §199]
• 30.360   Governmental unit as defendant in actions involving liens on realty.
  (1) In any suit, action or proceeding brought in any circuit court of this state, affecting the title to real property on which a governmental...
• 30.370   Service of summons on Attorney General; content.
  In any suit, action or proceeding commenced under the provisions of ORS 30.360 to which the state is made a party, service of summons upon...
• 30.380   Action by assignee of claim for money illegally charged or exacted.
  No assignee of any claim against any county, city or municipal corporation of this state or any county, city or municipal officer in this state,...
• 30.390   Satisfaction of judgment against public corporation.
  If judgment is given for the recovery of money or damages against a public corporation mentioned in ORS 30.310, no execution shall issue thereon for...
• 30.395   Settlement of certain claims against municipal corporations; manner of payment.
  (1) The governing body of any municipal corporation, as defined in ORS 297.405, may compromise, adjust and settle claims other than tort claims against the...
• 30.400   Actions by and against public officers in official capacity.
  An action may be maintained by or against any public officer in this state in an official character, when, as to such cause of action,...
• 30.402   [1991 c.847 §1; renumbered 17.095 in 2003]
• 30.405   Injunction for criminal conduct related to employment or status of public servant.
  (1) A public servant or the public servant’s employer may petition a circuit court for an order enjoining a person who engages in conduct that:...
• 30.407   Request for hearing following issuance of order under ORS 30.405.
  (1) A person against whom an order is issued under ORS 30.405 may file a request for hearing with the court that issued the order...
• 30.410   In whose name action brought.
  Fines and forfeitures may be recovered by an action at law in the name of the officer or person to whom they are by law...
• 30.420   Venue of action for forfeiture.
  Whenever, by law, any property is forfeited to the state, or to any officer for its use, the action for the recovery of such property...
• 30.430   Amount of penalty.
  When an action is commenced for a penalty, which by law is not to exceed a certain amount, the action may be commenced for that...
• 30.440   Judgment by collusion not a bar.
  A recovery of a judgment for a penalty or forfeiture by collusion between the plaintiff and defendant, with intent to save the defendant, wholly or...
• 30.450   Disposition of fines and forfeitures.
  Fines and forfeitures not specially granted or otherwise appropriated by ORS 137.017, or other law, when recovered, shall be paid into the treasury of the...
• 30.460   Payment of fines or costs in proceeding to enforce county ordinance or resolution; defendant personally liable.
  When proceedings are conducted by county hearings officers to enforce requirements or prohibitions of county ordinances or resolutions, if fines or costs are not paid...
• 30.475   Legislative policy.
  In enacting ORS 30.480 and 30.485, the Legislative Assembly of the State of Oregon declares: (1) That many persons with disabilities and older persons, due...
• 30.480   Limitation on liability of volunteers; conditions.
  (1) When a provider of volunteer transportation services who is qualified under subsection (3) of this section provides the services under the conditions described in...
• 30.485   Apportionment of damages; insurance issues excluded from jury consideration.
  (1) If the amount awarded by a court to multiple claimants exceeds the total amount limited under ORS 30.480 (1) or (2), the court shall...
• 30.490   Definitions for ORS 30.490 to 30.497.
  As used in ORS 30.490 to 30.497: (1) “Discharge” means any leakage, seepage or any other release of hazardous material. (2) “Hazardous material” means: (a)...
• 30.492   Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material.
  (1) Except as provided in ORS 30.495 and 30.497, no person may maintain an action for damages against a person for voluntarily providing assistance or...
• 30.495   Exceptions to limitation.
  The immunity provided in ORS 30.492 shall not apply to any person: (1) Whose act or omission caused in whole or in part the actual...
• 30.497   When limitation on liability not applicable.
  Nothing in ORS 30.492 shall be construed to limit or otherwise affect the liability of any person for damages resulting from the person’s gross negligence...
• 30.500   Definitions for ORS 30.500 and 30.505.
  As used in this section and ORS 30.505: (1) “Generator” has the meaning given that term in ORS 466.005. (2) “Person” means an individual, corporation,...
• 30.505   Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws; exceptions.
  (1) Except as provided in subsection (2) of this section, no person may maintain an action for damages against a person who voluntarily provides assistance,...
• 30.510   Action for usurpation of office or franchise, forfeiture of office or failure to incorporate.
  An action at law may be maintained in the name of the state, upon the information of the district attorney, or upon the relation of...
• 30.520   Joinder of defendants.
  Several persons may be joined as defendants in an action for the causes specified in ORS 30.510 (1), and in such action their respective rights...
• 30.530   Determining right of person claiming an office or franchise.
  Whenever an action is brought against a person for any of the causes specified in ORS 30.510 (1), the district attorney, in addition to the...
• 30.540   Rights of person adjudged entitled to office or franchise.
  If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or...
• 30.550   Action for damages.
  If judgment is given upon the right of and in favor of the person alleged in the complaint to be entitled to the office or...
• 30.560   Judgment against usurper; imposition of fine.
  When a defendant, whether a natural person or a corporation, against whom an action has been commenced for any of the causes specified in ORS...
• 30.570   Action to annul corporate existence on direction of Governor.
  An action may be maintained in the name of the state, whenever the Governor shall so direct, against a corporation either public or private, for...
• 30.580   Action to annul corporate existence on leave of court.
  An action may be maintained in the name of the state against a corporation, other than a public one, on leave granted by the court...
• 30.590   Judgment against corporation.
  If it is determined that a corporation, against which an action has been commenced pursuant to ORS 30.570 or 30.580, has forfeited its corporate rights,...
• 30.600   Action to annul letters patent.
  An action may be maintained in the name of the state for the purpose of vacating or annulling letters patent, issued by the state, against...
• 30.610   Prosecutor; verification of pleadings; affidavit for leave of court; relator as coplaintiff.
  The actions provided for in ORS 30.510 to 30.640 shall be commenced and prosecuted by the district attorney of the district where the same are...
• 30.620   Duty of district attorney.
  When directed by the Governor, as prescribed in ORS 30.570, it shall be the duty of the district attorney to commence the action therein provided...
• 30.630   Filing copy of judgment with Secretary of State.
  If judgment is given against a corporation, the effect of which is that the corporation ceases to exist, or whereby any letters patent are determined...
• 30.640   Enforcement of judgment.
  A judgment given in any action provided for in ORS 30.510 to 30.640, in respect to costs and disbursements, may be enforced by execution as...
• 30.642   Definitions for ORS 30.642 to 30.650.
  As used in ORS 30.642 to 30.650: (1) “Action against a public body” means a civil action, appeal or petition for review that names as...
• 30.643   Waiver or deferral of fees and costs in action against public body by inmate.
  (1) If an inmate seeks to file an action against a public body, the fees and court costs of the inmate may be waived or...
• 30.645   Waiver or deferral of fees after three dismissals of action.
  (1) Except as provided in subsection (2) of this section, the court may not waive or defer an inmate’s fees or court costs under ORS...
• 30.646   Payment of costs under judgment against inmate.
  (1) If an inmate files an action against a public body and a judgment is entered that requires the inmate to pay costs to the...
• 30.647   Dismissal of inmate action during proceedings.
  (1) If fees or court costs of an inmate have been waived or deferred under ORS 30.643, a court shall dismiss the case if at...
• 30.650   Award of noneconomic damages in inmate action.
  Noneconomic damages, as defined in ORS 31.710, may not be awarded to an inmate in an action against a public body unless the inmate has...
• 30.655   Definitions for ORS 30.655 to 30.665.
  As used in ORS 30.655 to 30.665: (1) “Computer” means an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic...
• 30.656   Action for computer date failure.
  (1) A person may not bring an action for damages caused by a computer date failure unless the complaint in the action alleges with specificity...
• 30.658   Opportunity to cure.
  (1) Before a claimant may commence an action against a person for damages caused by a computer date failure, the claimant must notify the person...
• 30.660   Affirmative defense; notice and repair.
  (1) It is an affirmative defense to civil liability for damages caused by a computer date failure that: (a) The defendant notified buyers of the...
• 30.661   Affirmative defense; reliance.
  (1) In an action for fraud, misrepresentation, breach of warranty or other similar action based on the alleged falsity or misleading character of a statement...
• 30.662   Affirmative defense; compliance testing.
  (1) It is an affirmative defense to civil liability for harm caused by a computer date failure of a computer product or computer service that:...
• 30.664   Punitive damages.
  In an action to recover damages for harm caused by a computer date failure, a court may award punitive damages against a defendant only if...
• 30.665   Applicability.
  (1) Except as provided in this section, ORS 30.655 to 30.665 apply to any action in which a claimant seeks recovery of damages for harm...
• 30.670   [1953 c.495 §1; 1973 c.714 §1; 2001 c.621 §16; renumbered 659A.403 in 2001]
• 30.675   [1953 c.495 §2; 1957 c.724 §1; 1961 c.247 §1; 1973 c.714 §2; renumbered 659A.400 in 2001]
• 30.680   [Amended by 1953 c.495 §3; 1957 c.724 §2; 1973 c.714 §3; 1981 c.897 §7; 1995 c.618 §24; repealed by 2001 c.621 §90]
• 30.685   [1973 c.714 §14; 2001 c.621 §17; renumbered 659A.406 in 2001]
• 30.687   Definitions for ORS 30.687 to 30.697.
  For the purposes of ORS 30.687 to 30.697: (1) “Equine” means a horse, pony, mule, donkey or hinny. (2) “Equine activity” means: (a) Equine shows,...
• 30.689   Policy.
  (1) It is the purpose of ORS 30.687 to 30.697 to assist courts and juries to define the circumstances under which those persons responsible for...
• 30.691   Limitations on liability; exceptions.
  (1) Except as provided in subsection (2) of this section and in ORS 30.693, an equine activity sponsor or an equine professional shall not be...
• 30.693   Additional exceptions to limitations on liability; effect of written release.
  (1) Except as provided in subsection (2) of this section, nothing in ORS 30.691 shall limit the liability of an equine activity sponsor or an...
• 30.695   Effect of written release on liability of veterinarian or farrier.
  (1) No veterinarian or farrier shall be liable to any person who assists the veterinarian or farrier in rendering veterinarian or farrier services to an...
• 30.697   Effect on workers’ compensation benefits.
  Nothing in ORS 30.687 to 30.695 shall affect the right of any person to any workers’ compensation benefits that may be payable by reason of...
• 30.698   [Formerly 30.085; renumbered 31.180 in 2003]
• 30.700   [1981 c.670 §§1,2; repealed by 1997 c.182 §1 (30.701 enacted in lieu of 30.700)]
• 30.701   Actions against maker of dishonored check; statutory damages and attorney fees; handling fee.
  (1) In any action against a maker of a dishonored check, a payee may recover from the maker statutory damages in an amount equal to...
• 30.710   [Amended by 1961 c.344 §103; repealed by 1973 c.640 §1]
• 30.715   Successive actions or suits.
  Successive actions or suits may be maintained upon the same contract or transaction, whenever, after the former action or suit, a new cause of action...
• 30.720   [Repealed by 1973 c.640 §1; amended by 1973 c.823 §§88,155]
• 30.725   [Repealed by 1974 c.36 §28]
• 30.730   [Repealed by 1979 c.801 §4]
• 30.740   Right of gambling loser to recover double losses.
  All persons losing money or anything of value at or on any unlawful game described in ORS 167.117, 167.122 and 167.127 shall have a cause...
• 30.750   Liability of abstractors.
  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...
• 30.760   [Amended by 1953 c.565 §2; renumbered 30.150]
• 30.765   Liability of parents for tort by child; effect on foster parents.
  (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...
• 30.770   [1959 c.310 §1; 1965 c.587 §1; 1973 c.827 §8; repealed by 1975 c.712 §5]
• 30.780   Liability for damages caused by gambling.
  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]
• 30.785   Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards.
  (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...
• 30.788   Liability of architect, engineer, inspector or building evaluator for emergency relief services.
  (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...
• 30.790   [1963 c.524 §§1,2; repealed by 1971 c.780 §7]
• 30.792   Liability of health care provider or health clinic for volunteer services to charitable corporations.
  (1) As used in this section: (a) “Charitable corporation” has the meaning given that term in ORS 128.620. (b) “Health care provider” means any person...
• 30.795   [1981 c.690 §2; 1985 c.530 §4; repealed by 1993 c.196 §12]
• 30.800   Liability for emergency medical assistance.
  (1) As used in this section, “emergency medical assistance” means: (a) Medical or dental care not provided in a place where emergency medical or dental...
• 30.801   [1999 c.220 §1; repealed by 2005 c.551 §8]
• 30.802   Liability for use of automated external defibrillator.
  (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....
• 30.803   Liability of certified emergency medical technician acting as volunteer.
  No person shall maintain a cause of action for injury, death or loss against any certified emergency medical technician who acts as a volunteer without...
• 30.805   Liability for emergency medical assistance by government personnel.
  (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...
• 30.807   Liability for emergency transportation assistance.
  (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...
• 30.810   [1969 c.387 §1; 1973 c.823 §89; renumbered 31.700 in 2003]
• 30.820   Action against seller of drugged horse; attorney fees.
  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...
• 30.822   Action for theft of or injury to search and rescue animal or therapy animal; attorney fees.
  (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...
• 30.825   Action for unlawful tree spiking; attorney fees.
  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...
• 30.830   Action against judicial officer for failure to make certain payments.
  If any money described in ORS 137.295 that is payable to the Department of Revenue is not paid to the department within the time provided...
• 30.840   [1975 c.562 §1; renumbered 31.980 in 2003]
• 30.850   [1975 c.562 §2; renumbered 31.982 in 2003]
• 30.860   Action for trade discrimination; treble damages; attorney fees.
  (1) No person or governmental entity shall discriminate against, boycott, blacklist, refuse to buy from, sell to or trade with any person because of foreign...
• 30.862   Action for public investment fraud; attorney fees.
  (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...
• 30.864   Action for disclosure of certain education records; limitation of action; attorney fees.
  (1) Any person claiming to be aggrieved by the reckless disclosure of personally identifiable information from a student’s education records as prohibited by rules of...
• 30.865   Action for invasion of personal privacy; attorney fees.
  (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...
• 30.866   Action for issuance or violation of stalking protective order; attorney fees.
  (1) A person may bring a civil action in a circuit court for a court’s stalking protective order or for damages, or both, against a...
• 30.867   Action for violation of criminal laws relating to involuntary servitude or trafficking in persons.
  (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...
• 30.868   Civil damages for custodial interference; attorney fees.
  (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...
• 30.870   Definitions for ORS 30.870 and 30.875.
  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...
• 30.875   Civil damages for shoplifting or taking of agricultural produce.
  (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...
• 30.876   Treble damages and costs in actions arising out of interference with agricultural research.
  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...
• 30.877   Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production.
  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...
• 30.880   [1979 c.842 §5a; 1987 c.774 §148; 1987 c.915 §8; renumbered 278.322 in 2003]
• 30.882   Award of liquidated damages to sports official subjected to offensive physical contact; attorney fees.
  (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...
• 30.890   Liability of food gleaners, donors and distributors.
  (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...
• 30.892   Liability of donors and distributors of general merchandise and household items.
  (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...
• 30.895   [1987 c.774 §11; renumbered 31.230 in 2003]
• 30.900   “Product liability civil action” defined.
  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...
• 30.905   Time limitation for commencement of action.
  (1) Except as provided in ORS 30.907 and 30.908 (1) to (4), a product liability civil action may not be brought for any death, personal...
• 30.907   Action for damages from asbestos-related disease; limitations.
  (1) A product liability civil action for damages resulting from asbestos-related disease shall be commenced not later than two years after the date on which...
• 30.908   Action arising out of injury from breast implants; limitations.
  (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...
• 30.910   Product disputably presumed not unreasonably dangerous.
  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...
• 30.915   Defenses.
  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)...
• 30.920   When seller or lessor of product liable; effect of liability rule.
  (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...
• 30.925   Punitive damages.
  (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...
• 30.927   When manufacturer of drug not liable for punitive damages; exceptions.
  (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...
• 30.930   Definitions for ORS 30.930 to 30.947.
  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...
• 30.931   Transport or movement of equipment, device, vehicle or livestock as farming or forest practice.
  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...
• 30.932   Definition of “nuisance” or “trespass.”
  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,...
• 30.933   Legislative findings; policy.
  (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...
• 30.934   Prohibition on local laws that make forest practice a nuisance or trespass; exceptions.
  (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...
• 30.935   Prohibition on local laws that make farm practice a nuisance or trespass.
  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...
• 30.936   Immunity from private action based on farming or forest practice on certain lands; exceptions.
  (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...
• 30.937   Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use; exceptions.
  (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...
• 30.938   Attorney fees and costs.
  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...
• 30.939   When use of pesticide considered farming or forest practice.
  (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,...
• 30.940   Effect on other remedies.
  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...
• 30.942   Rules.
  (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...
• 30.943   Certain agencies not required to investigate complaints based on farming or forest practice.
  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...
• 30.945   [1981 c.716 §4; repealed by 1995 c.703 §12]
• 30.947   Effect of siting of destination resorts or other nonfarm or nonforest uses.
  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...
• 30.950   [1979 c.801 §1; 1987 c.774 §13; 1997 c.249 §19; 1997 c.841 §1; 2001 c.534 §1; renumbered 471.565 in 2001]
• 30.955   [1979 c.801 §2; repealed by 1987 c.774 §14]
• 30.960   [1979 c.801 §3; 1991 c.860 §5; 1995 c.618 §31; 2001 c.791 §5; renumbered 471.567 in 2001]
• 30.961   Actions against sellers of food for food-related condition.
  (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....
• 30.963   Claim requirements for actions involving food-related conditions.
  (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....
• 30.970   Definitions for ORS 30.970 to 30.990.
  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...
• 30.975   Skiers assume certain risks.
  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...
• 30.980   Notice to ski area operator of injury to skier; injuries resulting in death; statute of limitations; informing skiers of notice requirements.
  (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...
• 30.985   Duties of skiers; effect of failure to comply.
  (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...
• 30.990   Operators required to give skiers notice of duties.
  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....

Last modified: August 7, 2008