Oregon is now alone among the states in providing no mechanism for review of most jury damage awards. With this proposed constitutional amendment, the legislature has taken the approach of giving itself such authority. The wording of the proposed amendment is brief. The wording is quite broad. The reason for that, according to proponents, is that Lakin creates uncertainty about legislated limits on both damages and liability.
Someone has to establish compensatory damages in civil actions.
In Oregon at the moment, a jury has complete discretion in suits brought under common law. In its almost 150 year history, the legislature has shown great restraint in capping damages and liability. Current laws limiting liability for good Samaritans, charities, and public employees such as police and teachers could be at risk and need to be protected. The cap on non-economic damages was enacted with bipartisan support by a Democratically controlled legislature and signed by a Democratic governor. Multi-million dollar awards are on the rise, even here in Oregon.