Oregon Statutes - Chapter 31 - Tort Actions - Section 31.210 - When general damages allowed.

(1) In an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, other printed periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless:

(a) A correction or retraction is demanded but not published as provided in ORS 31.215; or

(b) The plaintiff proves by a preponderance of the evidence that the defendant actually intended to defame the plaintiff.

(2) Where the plaintiff is entitled to recover general damages, the publication of a correction or retraction may be considered in mitigation of damages. [Formerly 30.160]

Section:  Previous  31.050  31.150  31.152  31.155  31.180  31.200  31.205  31.210  31.215  31.220  31.225  31.230  31.250  31.300  31.350  Next

Last modified: August 7, 2008