Chapter 31 - Tort Actions
- 31.010 [Repealed by 1981 c.898 §53]
- 31.020 [Repealed by 1981 c.898 §53]
- 31.030 [Repealed by 1981 c.898 §53]
- 31.040 [Repealed by 1981 c.898 §53]
- 31.050 [Renumbered 652.500]
- 31.150 Special motion to strike; when available; burden of proof.
(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...
- 31.152 Time for filing special motion to strike; discovery; attorney fees.
(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...
- 31.155 Exempt actions; substantive law not affected.
(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...
- 31.180 Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions.
(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...
- 31.200 Liability of radio or television station personnel for defamation.
(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...
- 31.205 Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical.
Except as provided in ORS 31.210, in an action for damages on account of a defamatory statement published or broadcast in a newspaper, magazine, other...
- 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,...
- 31.215 Publication of correction or retraction upon demand.
(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...
- 31.220 Effect of publication of correction or retraction prior to demand.
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...
- 31.225 Publisher’s defenses and privileges not affected.
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....
- 31.230 Wrongful use of civil proceeding; pleading; procedure.
(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...
- 31.250 Mandatory dispute resolution for certain actions against health practitioners and health care facilities.
(1) In any action described in subsection (5) of this section, all parties to the action and their attorneys must participate in some form of...
- 31.300 Pleading requirements for actions against construction design professionals.
(1) As used in this section, “construction design professional” means an architect, registered landscape architect, professional engineer or professional land surveyor. (2) A complaint, cross-claim,...
- 31.350 Pleading requirements for actions against real estate licensees.
(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...
- 31.360 Proof required for claim of economic damages in action arising from injury caused by dog.
(1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.710, in an action arising from an injury caused by...
- 31.550 “Advance payment” defined.
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...
- 31.555 Effect of advance payment; payment as satisfaction of judgment.
(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...
- 31.560 Advance payment for death or personal injury not admission of liability; when advance payment made.
(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...
- 31.565 Advance payment for property damage not admission of liability.
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...
- 31.580 Effect of collateral benefits.
(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...
- 31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.
(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...
- 31.605 Special questions to trier of fact; jury not to be informed of settlement.
(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...
- 31.610 Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation.
(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...
- 31.615 Setoff of damages not allowed.
Setoff of damages shall not be granted in actions subject to ORS 31.600 to 31.620. [Formerly 18.490]
- 31.620 Doctrines of last clear chance and implied assumption of risk abolished.
(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 Damages)
- 31.700 Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion.
(1) When the guardian ad litem of a child maintains a cause of action for recovery of damages to the child caused by a wrongful...
- 31.705 Economic and noneconomic damages separately set forth in verdict.
A verdict shall set forth separately economic damages and noneconomic damages, if any, as defined in ORS 31.710. [Formerly 18.570] (Noneconomic Damages)
- 31.710 Noneconomic damages; award; limit; “economic damages” and “noneconomic damages” defined.
(1) Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action seeking damages arising out of bodily injury,...
- 31.715 Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants.
(1) Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.710, in any action for injury or...
- 31.725 Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing.
(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)...
- 31.730 Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures.
(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...
- 31.735 Distribution of punitive damages; notice to Department of Justice; order of application.
(1) Upon the entry of a verdict including an award of punitive damages, the Department of Justice shall become a judgment creditor as to the...
- 31.740 When award of punitive damages against health practitioner prohibited.
Punitive damages shall not be awarded against a health practitioner if: (1) The health practitioner is licensed, registered or certified as: (a) A psychologist under...
- 31.760 Evidence of nonuse of safety belt or harness to mitigate damages.
(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...
- 31.800 Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right.
(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...
- 31.805 Basis for proportional shares of tortfeasors.
(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...
- 31.810 Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment.
(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...
- 31.815 Covenant not to sue; effect; notice.
(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...
- 31.820 Severability.
If any provision of ORS 31.800 to 31.820 or the application thereof to any person is held invalid, the invalidity shall not affect other provisions...
- 31.825 Assignment of cause of action against insurer.
A defendant in a tort action against whom a judgment has been rendered may assign any cause of action that defendant has against the defendant’s...
- 31.980 Action for alienation of affections abolished.
There shall be no civil cause of action for alienation of affections. [Formerly 30.840]
- 31.982 Action for criminal conversation abolished.
There shall be no civil cause of action for criminal conversation. [Formerly 30.850] _______________
