reglab/housing_qa huggingface dataset:
OR Rev Stat § 31.565 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 the person making the payment unless the parties to the payment agree to the contrary in writing. [Formerly 18.530]
OR Rev Stat § 31.580 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 another party to the action, and the party awarded damages or person injured or deceased received benefits for the injury or death other than from the party who is to pay the damages, the court may deduct from the amount of damages awarded, before the entry of a judgment, the total amount of those collateral benefits other than: (a) Benefits which the party awarded damages, the person injured or that person’s estate is obligated to repay; (b) Life insurance or other death benefits; (c) Insurance benefits for which the person injured or deceased or members of that person’s family paid premiums; and (d) Retirement, disability and pension plan benefits, and federal Social Security benefits. (2) Evidence of the benefit described in subsection (1) of this section and the cost of obtaining it is not admissible at trial, but shall be received by the court by affidavit submitted after the verdict by any party to the action. [Formerly 18.580]
OR Rev Stat § 31.600 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant. This section is not intended to create or abolish any defense. (2) The trier of fact shall compare the fault of the claimant with the fault of any party against whom recovery is sought, the fault of third party defendants who are liable in tort to the claimant, and the fault of any person with whom the claimant has settled. The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection. Except for persons who have settled with the claimant, there shall be no comparison of fault with any person: (a) Who is immune from liability to the claimant; (b) Who is not subject to the jurisdiction of the court; or (c) Who is not subject to action because the claim is barred by a statute of limitation or statute of ultimate repose. (3) A defendant who files a third party complaint against a person alleged to be at fault in the matter, or who alleges that a person who has settled with the claimant is at fault in the matter, has the burden of proof in establishing: (a) The fault of the third party defendant or the fault of the person who settled with the claimant; and (b) That the fault of the third party defendant or the person who settled with the claimant was a contributing cause to the injury or death under the law applicable in the matter. (4) Any party to an action may seek to establish that the fault of a person should not be considered by the trier of fact by reason that the person does not meet the criteria established by subsection (2) of this section for the consideration of fault by the trier of fact. (5) This section does not prevent a party from alleging that the party was not at fault in the matter because the injury or death was the sole and exclusive fault of a person who is not a party in the matter. [Formerly 18.470]
OR Rev Stat § 31.605 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 recovery would be entitled, assuming that party not to be at fault. (b) The degree of fault of each person specified in ORS 31.600 (2). The degree of each person’s fault so determined shall be expressed as a percentage of the total fault attributable to all persons considered by the trier of fact pursuant to ORS 31.600. (2) A jury shall be informed of the legal effect of its answer to the questions listed in subsection (1) of this section. (3) The jury shall not be informed of any settlement made by the claimant for damages arising out of the injury or death that is the subject of the action. (4) For the purposes of subsection (1) of this section, the court may order that two or more persons be considered a single person for the purpose of determining the degree of fault of the persons specified in ORS 31.600 (2). [Formerly 18.480]
OR Rev Stat § 31.615 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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]
OR Rev Stat § 31.620 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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]
OR Rev Stat § 31.700 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 or conservator of the estate of a child maintains a cause of action for recovery of damages to the child caused by a wrongful act, the parent, parents, or conservator of the estate of the child may file a consent accompanying the complaint of the guardian ad litem or conservator to include in the cause of action the damages as, in all the circumstances of the case, may be just, and will reasonably and fairly compensate for the doctor, hospital and medical expenses caused by the injury. (2)(a) If the consent is filed as provided in subsection (1) of this section and the court allows the filing by a guardian ad litem, no court shall entertain a cause of action by the parent, parents or conservator for doctor, hospital or medical expenses caused by the injury. (b) If the consent is filed as provided in subsection (1) of this section and the filing is by a conservator, no court shall entertain a cause of action by the parent or parents for doctor, hospital or medical expenses caused by the injury. [Formerly 30.810; 2015 c.213 §1]
OR Rev Stat § 31.705 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.705 - Economic and noneconomic damages separately set forth in verdict; "economic damages" and "noneconomic damages" defined.

(1) A verdict shall set forth separately economic damages and noneconomic damages. (2) As used in this section: (a) "Economic damages" means objectively verifiable monetary losses including but not limited to reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity, reasonable and necessary expenses incurred for substitute domestic services, recurring loss to an estate, damage to reputation that is economically verifiable, reasonable and necessarily incurred costs due to loss of use of property and reasonable costs incurred for repair or for replacement of damaged property, whichever is less. (b) "Noneconomic damages" means subjective, nonmonetary losses, including but not limited to pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment. [Formerly 18.570; 2021 c.478 §3]
OR Rev Stat § 31.710 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.

(1) Except for claims subject to ORS 30.260 to 30.300 and ORS chapter 656, in any civil action for the wrongful death of any one person including claims for loss of care, comfort, companionship and society and loss of consortium, the amount awarded for noneconomic damages, as defined in ORS 31.705, shall not exceed $500,000. (2) This section does not apply to punitive damages. (3) The jury shall not be advised of the limitation set forth in this section. [Formerly 18.560; 2021 c.478 §1] Note: Section 2, chapter 478, Oregon Laws 2021, provides: Sec. 2. (1) Except as provided in subsection (2) of this section, the amendments to ORS 31.710 by section 1 of this 2021 Act apply to all causes of action, whether arising before, on or after the effective date of this 2021 Act [January 1, 2022]. (2)(a) The amendments to ORS 31.710 by section 1 of this 2021 Act do not apply to any award of noneconomic damages for which a final judgment has been entered before the effective date of this 2021 Act. (b) As used in this subsection, "final judgment" means a judgment for which the time to appeal has expired without any party filing an appeal or that is not subject to further appeal or review. [2021 c.478 §2]
OR Rev Stat § 31.725 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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) At the time of filing a pleading with the court, the pleading may not contain a request for an award of punitive damages. At any time after the pleading is filed, a party may move the court to allow the party to amend the pleading to assert a claim for punitive damages. The party making the motion may submit affidavits and documentation supporting the claim for punitive damages. The party or parties opposing the motion may submit opposing affidavits and documentation. (3) The court shall deny a motion to amend a pleading made under the provisions of this section if: (a) The court determines that the affidavits and supporting documentation submitted by the party seeking punitive damages fail to set forth specific facts supported by admissible evidence adequate to avoid the granting of a motion for a directed verdict to the party opposing the motion on the issue of punitive damages in a trial of the matter; or (b) The party opposing the motion establishes that the timing of the motion to amend prejudices the party’s ability to defend against the claim for punitive damages. (4) The court may grant a continuance on a motion under this section to allow a party opposing the motion to conduct such discovery as is necessary to establish one of the grounds for denial of the motion specified in subsection (3) of this section. If the court grants the motion, the court may continue the action to allow such discovery as the defendant may require to defend against the claim for punitive damages. (5) Subject to subsection (4) of this section, the court shall conduct a hearing on a motion filed under this section not more than 30 days after the motion is filed and served. The court shall issue a decision within 10 days after the hearing. If no decision is issued within 10 days, the motion shall be considered denied. (6) Discovery of evidence of a defendant’s ability to pay shall not be allowed by a court unless and until the court grants a motion to amend a pleading under this section. [Formerly 18.535]
OR Rev Stat § 31.730 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 damages are sought has acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others. (2) If an award of punitive damages is made by a jury, the court shall review the award to determine whether the award is within the range of damages that a rational juror would be entitled to award based on the record as a whole, viewing the statutory and common-law factors that allow an award of punitive damages for the specific type of claim at issue in the proceeding. (3) In addition to any reduction that may be made under subsection (2) of this section, upon the motion of a defendant the court may reduce the amount of any judgment requiring the payment of punitive damages entered against the defendant if the defendant establishes that the defendant has taken remedial measures that are reasonable under the circumstances to prevent reoccurrence of the conduct that gave rise to the claim for punitive damages. In reducing awards of punitive damages under the provisions of this subsection, the court shall consider the amount of any previous judgment for punitive damages entered against the same defendant for the same conduct giving rise to a claim for punitive damages. [Formerly 18.537]
OR Rev Stat § 31.740 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.740 - When award of punitive damages against health practitioner prohibited.

Punitive damages may not be awarded against a health practitioner if: (1) The health practitioner is licensed, registered or certified as: (a) A psychologist under ORS 675.030 to 675.070, 675.085 and 675.090; (b) An occupational therapist under ORS 675.230 to 675.300; (c) A regulated social worker under ORS 675.510 to 675.600; (d) A physician under ORS 677.100 to 677.228 or 677.805 to 677.840; (e) An emergency medical services provider under ORS chapter 682; (f) A nurse under ORS 678.040 to 678.101; (g) A nurse practitioner under ORS 678.375 to 678.390; (h) A dentist under ORS chapter 679; (i) A dental hygienist under ORS 680.040 to 680.100; (j) A denturist under ORS 680.515 to 680.535; (k) An audiologist or speech-language pathologist under ORS 681.250 to 681.350; (L) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220; (m) A chiropractor under ORS 684.040 to 684.105; (n) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135; (o) A massage therapist under ORS 687.011 to 687.250; (p) A physical therapist under ORS 688.040 to 688.145; (q) A medical imaging licensee under ORS 688.445 to 688.525; (r) A pharmacist under ORS 689.151 and 689.225 to 689.285; (s) A physician assistant as provided by ORS 677.505 to 677.525; or (t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835; and (2) The health practitioner was engaged in conduct regulated by the license, registration or certificate issued by the appropriate governing body and was acting within the scope of practice for which the license, registration or certificate was issued and without malice. [Formerly 18.550; 2005 c.366 §4; 2009 c.442 §27; 2009 c.833 §26; 2011 c.396 §1; 2011 c.703 §20; 2013 c.129 §20; 2021 c.97 §5] Note: Section 2, chapter 396, Oregon Laws 2011, provides: Sec. 2. The amendments to ORS 31.740 by section 1 of this 2011 Act apply only to causes of action that arise on or after the effective date of this 2011 Act [January 1, 2012]. [2011 c.396 §2]
OR Rev Stat § 31.760 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled. (2) Subsection (1) of this section shall not apply to: (a) Actions brought under ORS 30.900 to 30.920; or (b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
OR Rev Stat § 31.770 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 31.770 - Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction.

(1) A calculation of the projected future earning potential of the plaintiff that takes into account the race or ethnicity of the plaintiff is inadmissible in any civil action. (2) The court shall instruct the jury in a civil action involving a claim for projected future earnings that the jury may not consider the race or ethnicity of the plaintiff in determining whether to award damages for projected future earnings or the amount of damages for projected future earnings. [2018 c.11 §1]
OR Rev Stat § 31.800 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them. There is no right of contribution from a person who is not liable in tort to the claimant. (2) The right of contribution exists only in favor of a tortfeasor who has paid more than a proportional share of the common liability, and the total recovery of the tortfeasor is limited to the amount paid by the tortfeasor in excess of the proportional share. No tortfeasor is compelled to make contribution beyond the proportional share of the tortfeasor of the entire liability. (3) A tortfeasor who enters into a settlement with a claimant is not entitled to recover contribution from another tortfeasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what is reasonable. (4) A liability insurer, who by payment has discharged in full or in part the liability of a tortfeasor and has thereby discharged in full its obligation as insurer, is subrogated to the tortfeasor’s right of contribution to the extent of the amount it has paid in excess of the tortfeasor’s proportional share of the common liability. This subsection does not limit or impair any right of subrogation arising from any other relationship. (5) This section does not impair any right of indemnity under existing law. Where one tortfeasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of the indemnity obligation. (6) This section shall not apply to breaches of trust or of other fiduciary obligation. [Formerly 18.440]
OR Rev Stat § 31.805 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 out of liability under ORS 31.600, the proportional share of a tortfeasor in the entire liability shall be based upon the tortfeasor’s percentage of the common negligence of all tortfeasors. (2) If equity requires, the collective liability of some as a group shall constitute a single share. Principles of equity applicable to contribution generally shall apply. [Formerly 18.445]
OR Rev Stat § 31.810 (2021)
2021 Oregon Revised Statutes|Volume : 01 - Courts, Oregon Rules of Civil Procedure|Chapter 031 - Tort Actions|Section 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 be enforced by separate action. (2) Where a judgment has been entered in an action against two or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action. (3) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within two years after the judgment has become final by lapse of time for appeal or after appellate review. (4) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the right of contribution of that tortfeasor is barred unless the tortfeasor has either: (a) Discharged by payment the common liability within the statute of limitations period applicable to claimant’s right of action against the tortfeasor and has commenced action for contribution within two years after payment; or (b) Agreed while action is pending against the tortfeasor to discharge the common liability and has within two years after the agreement paid the liability and commenced action for contribution. (5) The running of the statute of limitations applicable to a claimant’s right of recovery against a tortfeasor shall not operate to bar recovery of contribution against the tortfeasor or the claimant’s right of recovery against a tortfeasor specified in ORS 31.600 (2) who has been made a party by another tortfeasor. (6) The recovery of a judgment for an injury or wrongful death against one tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution. (7) The judgment of the court in determining the liability of the several defendants to the claimant for an injury or wrongful death shall be binding as among such defendants in determining their right to contribution. [Formerly 18.450]