reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.867 - Action for violation of criminal laws relating to involuntary servitude or trafficking in persons; attorney fees.

(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 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.
(2) Upon prevailing in an action under this section, the plaintiff may recover:
(a) Both special and general damages, including damages for emotional distress; and
(b) Punitive damages.
(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.
(4) An action under this section must be commenced within 10 years after the following, whichever occurs later:
(a) The date on which the conduct giving rise to the claim ceases; or
(b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age. [2007 c.811 §9; 2023 c.217 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 raised upon real property, and the products of those plants and animals.
(2) "Mercantile establishment" means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.
(3) "Merchandise" means all things movable and capable of manual delivery.
(4) "Owner" means any person who owns or operates a mercantile establishment or farm, or the agents or employees of that person. [1979 c.592 §1; 1981 c.716 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 amount of damages claimed to real and personal property; and
(2) The costs of repeating experiments including, but not limited to, the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation. [2001 c.147 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 of damages caused to real or personal property by the violation. In addition, in any civil action arising out of conduct that would constitute a violation of ORS 167.312, the court shall award the costs of repeating experiments, including but not limited to the costs of replacing records, data, equipment, specimens, labor and materials, if the conduct causes the failure of an experiment in progress or irreparable damage to completed research or experimentation. [2001 c.843 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 liquidated damages in an amount not less than $500 but not more than $1,000 in any action in which the plaintiff establishes that:
(a) The defendant intentionally subjected the plaintiff to offensive physical contact;
(b) The defendant knew that the plaintiff was a sports official at the time the offensive physical contact was made;
(c) The offensive physical contact is made while the plaintiff is within, or in the immediate vicinity of, a facility at which the plaintiff serves as a sports official for a sports event; and
(d) The offensive physical contact is made while the plaintiff is serving as a sports official or within a brief period of time thereafter.
(2) The court shall award reasonable attorney fees to a prevailing plaintiff in an action in which liquidated damages are awarded under this section.
(3) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or 31.735.
(4) As used in this section, "sports official" means a person who:
(a) Serves as a referee, umpire, linesman or judge or performs similar functions under a different title; and
(b) Is a member of, or registered by, a local, state, regional or national organization that engages in providing education and training in sports officiating. [1999 c.786 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 charitable or nonprofit organization, including but not limited to a food bank, for distribution without charge or on a scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness or intentional conduct of the donor or gleaner.
(b) The immunity from civil liability and criminal penalty provided by this section applies regardless of compliance with any laws, rules or ordinances regulating the packaging or labeling of food, and regardless of compliance with any laws, rules or ordinances regulating the storage or handling of the food by the donee after the donation of the food.
(2) Notwithstanding any other provision of law, a bona fide charitable or nonprofit organization which in good faith receives food, apparently fit for human consumption, and while apparently fit for human consumption distributes it at no charge or on a fee scale reflecting ability to pay or only requiring a shared maintenance contribution, shall not be subject to criminal penalty or civil damages resulting from the condition of the food unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
(3) This section applies to the good-faith donation of food not readily marketable due to appearance, freshness, grade, surplus or other considerations but does not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
(4) As used in this section:
(a) "Donor" includes any person who operates a restaurant or other food establishment licensed or regulated by law.
(b) "Food" means any food whether or not it may spoil or otherwise become unfit for human consumption because of its nature, type or physical condition, including but not limited to fresh or processed meats, poultry, seafood, dairy products, bakery products, eggs in the shell, fresh fruits or vegetables, and foods that have been packaged, canned, refrigerated, freeze-dried or frozen.
(c) "Food bank" means a surplus food collection and distribution system operated and established to assist in bringing donated food to nonprofit charitable organizations and individuals for the purpose of reducing hunger and meeting nutritional needs.
(d) "Gleaner" means a person that harvests for free distribution an agricultural crop that has been donated by the owner. [1979 c.265 §1; 1989 c.808 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 product for damages for personal injury, death or property damage arising out of:
(1) Any design, inspection, testing, manufacturing or other defect in a product;
(2) Any failure to warn regarding a product; or
(3) Any failure to properly instruct in the use of a product. [1977 c.843 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.902 - Products provided by physicians.

A physician licensed pursuant to ORS chapter 677 is not a manufacturer, distributor, seller or lessor of a product for the purposes of ORS 30.900 to 30.920 if the product is provided by the physician to a patient as part of a medical procedure and the physician was not involved in the design or manufacture of the product. [2009 c.485 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.905 - Time limitation for commencement of action.

(1) Subject to the limitation imposed by subsection (2) of this section, a product liability civil action for personal injury or property damage must be commenced not later than two years after the plaintiff discovers, or reasonably should have discovered, the personal injury or property damage and the causal relationship between the injury or damage and the product, or the causal relationship between the injury or damage and the conduct of the defendant.
(2) A product liability civil action for personal injury or property damage must be commenced before the later of:
(a) Ten years after the date on which the product was first purchased for use or consumption; or
(b) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
(3) Subject to the limitation imposed by subsection (4) of this section, a product liability civil action for death must be commenced not later than three years after the decedent, the personal representative for the decedent or a person for whose benefit an action could be brought under ORS 30.020 discovers, or reasonably should have discovered, the causal relationship between the death and the product, or the causal relationship between the death and the conduct of the defendant.
(4) A product liability civil action for death must be commenced before the earlier of:
(a) Three years after the death of the decedent;
(b) Ten years after the date on which the product was first purchased for use or consumption; or
(c) The expiration of any statute of repose for an equivalent civil action in the state in which the product was manufactured, or, if the product was manufactured in a foreign country, the expiration of any statute of repose for an equivalent civil action in the state into which the product was imported.
(5) This section does not apply to a civil action brought against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010. Actions described in this subsection are subject to the statute of limitations provided by ORS 12.135. [1977 c.843 §3; 1983 c.143 §1; 1987 c.4 §1; 1993 c.259 §6; 2003 c.768 §1; 2009 c.485 §1]
Note:
Section 2, chapter 485, Oregon Laws 2009, provides:
Sec. 2.
The amendments to ORS 30.905 by section 1 of this 2009 Act apply only to causes of action that arise on or after the effective date of this 2009 Act [January 1, 2010]. [2009 c.485 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.907 - Action for damages from asbestos-related disease; limitations.

(1) A product liability civil action for damages resulting from asbestos-related disease must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the disease and the cause thereof.
(2) A product liability civil action for damages resulting from asbestos-related disease is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
(3) A product liability civil action may not be brought against a contractor, as defined in ORS 701.005, for damages resulting from asbestos-related disease if the contractor:
(a) Used or installed products containing asbestos pursuant to plans, specifications or directions prepared for a project by or on behalf of the owner of the project;
(b) Is not the manufacturer or distributor of the products containing asbestos; and
(c) Did not furnish the products containing asbestos independent of the provision of labor.
(4) Subsection (3) of this section does not affect a plaintiff’s ability to bring a product liability civil action against a contractor if:
(a) The contractor substituted a product containing asbestos on a project when the plans, specifications or directions for the project prepared by or on behalf of the owner did not specify the use or installation of a product containing asbestos; and
(b) The owner or the owner’s representative did not expressly direct or consent to the substitution of the product containing asbestos. [1987 c.4 §3; 2005 c.740 §1; 2009 c.485 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 component must be commenced not later than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered:
(a) The death or specific injury, disease or damage for which the plaintiff seeks recovery;
(b) The tortious nature of the act or omission of the defendant that gives rise to a claim for relief against the defendant; and
(c) All other elements required to establish plaintiff’s claim for relief.
(2) A product liability civil action for death, injury or damage resulting from breast implants containing silicone, silica or silicon as a component is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose in Oregon Revised Statutes.
(3) For the purposes of subsection (1) of this section, an action for wrongful death must be commenced not later than two years after the earliest date that the discoveries required by subsection (1) of this section are made by any of the following persons:
(a) The decedent;
(b) The personal representative for the decedent; or
(c) Any person for whose benefit the action could be brought.
(4) Subsections (1) to (3) of this section do not apply to a person that supplied component parts or raw materials to manufacturers of breast implants containing silicone, silica or silicon as a component, and the person shall remain subject to the limitations on actions imposed by ORS 30.020 and 30.905, if:
(a) The person did not manufacture breast implants containing silicone, silica or silicon as a component at any time; and
(b) The person was not owned by and did not own a business that manufactured breast implants containing silicone, silica or silicon as a component at any time.
(5) A health care facility licensed under ORS chapter 441 is not a manufacturer, distributor, seller or lessor of a breast implant for the purposes of ORS 30.900 to 30.920 if the implant is provided by the facility to a patient as part of a medical implant procedure. [1993 c.259 §§4,5; 2007 c.71 §10; 2009 c.485 §10; 2011 c.9 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 its intended use. [1977 c.843 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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) The alteration or modification was made without the consent of or was made not in accordance with the instructions or specifications of the manufacturer, distributor, seller or lessor;
(2) The alteration or modification was a substantial contributing factor to the personal injury, death or property damage; and
(3) If the alteration or modification was reasonably foreseeable, the manufacturer, distributor, seller or lessor gave adequate warning. [1977 c.843 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 user or consumer is subject to liability for physical harm or damage to property caused by that condition, if:
(a) The seller or lessor is engaged in the business of selling or leasing such a product; and
(b) The product is expected to and does reach the user or consumer without substantial change in the condition in which it is sold or leased.
(2) The rule stated in subsection (1) of this section shall apply, even though:
(a) The seller or lessor has exercised all possible care in the preparation and sale or lease of the product; and
(b) The user, consumer or injured party has not purchased or leased the product from or entered into any contractual relations with the seller or lessor.
(3) It is the intent of the Legislative Assembly that the rule stated in subsections (1) and (2) of this section shall be construed in accordance with the Restatement (Second) of Torts sec. 402A, Comments a to m (1965). All references in these comments to sale, sell, selling or seller shall be construed to include lease, leases, leasing and lessor.
(4) Nothing in this section shall be construed to limit the rights and liabilities of sellers and lessors under principles of common law negligence or under ORS chapter 72. [1979 c.866 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 be determined and awarded based upon the following criteria:
(a) The likelihood at the time that serious harm would arise from the defendant’s misconduct;
(b) The degree of the defendant’s awareness of that likelihood;
(c) The profitability of the defendant’s misconduct;
(d) The duration of the misconduct and any concealment of it;
(e) The attitude and conduct of the defendant upon discovery of the misconduct;
(f) The financial condition of the defendant; and
(g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to persons in situations similar to the claimant’s and the severity of criminal penalties to which the defendant has been or may be subjected. [1979 c.866 §3; 1995 c.688 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.928 - Time limitation for actions for damages caused by certain light bulbs.

(1) As used in this section, "R type metal halide or mercury vapor light bulb" means a metal halide or mercury vapor light bulb that does not have an internal mechanism that shuts off the light automatically within 15 minutes after the bulb is broken.
(2) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs may not be commenced more than two years after the date on which the plaintiff first discovered, or in the exercise of reasonable care should have discovered, the injury and the causal relationship between the injury and the conduct of the defendant.
(3) A product liability civil action for damages caused by R type metal halide or mercury vapor light bulbs is subject only to the limitation imposed by this section and is not subject to ORS 30.905 or any other statute of limitation or statute of ultimate repose. [2009 c.485 §11]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 of crops, nursery stock, livestock, poultry, livestock products, poultry products, vermiculture products or the propagation and raising of nursery stock.
(2) "Farming practice" means a mode of operation on a farm that:
(a) Is or may be used on a farm of a similar nature;
(b) Is a generally accepted, reasonable and prudent method for the operation of the farm to obtain a profit in money;
(c) Is or may become a generally accepted, reasonable and prudent method in conjunction with farm use;
(d) Complies with applicable laws; and
(e) Is done in a reasonable and prudent manner.
(3) "Forestland" means land that is used for the growing and harvesting of forest tree species.
(4) "Forest practice" means a mode of operation on forestland that:
(a) Is or may be used on forestland of similar nature;
(b) Is a generally accepted, reasonable and prudent method of complying with ORS 527.610 to 527.770 and the rules adopted pursuant thereto;
(c) Is or may become a generally accepted, reasonable and prudent method in conjunction with forestland;
(d) Complies with applicable laws;
(e) Is done in a reasonable and prudent manner; and
(f) May include, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control.
(5) "Pesticide" has the meaning given that term in ORS 634.006. [1981 c.716 §1; 1983 c.730 §1; 1993 c.792 §32; 1995 c.703 §1; 2005 c.657 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 in conjunction with a farming practice or a forest practice on a public road or movement of livestock on a public road is a farming or forest practice under ORS 30.930 to 30.947. [1995 c.703 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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, dust, mist from irrigation, use of pesticides and use of crop production substances. [1993 c.792 §33; 1995 c.703 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 and urban uses on and near lands zoned or used for agriculture or production of forest products may give rise to conflicts between resource and nonresource activities.
(c) In the interest of the continued welfare of the state, farming and forest practices must be protected from legal actions that may be intended to limit, or have the effect of limiting, farming and forest practices.
(2) The Legislative Assembly declares that it is the policy of this state that:
(a) Farming practices on lands zoned for farm use must be protected.
(b) Forest practices on lands zoned for the production of forest products must be protected.
(c) Persons who locate on or near an area zoned for farm or forest use must accept the conditions commonly associated with living in that particular setting.
(d) Certain private rights of action and the authority of local governments and special districts to declare farming and forest practices to be nuisances or trespass must be limited because such claims for relief and local government ordinances are inconsistent with land use policies, including policies set forth in ORS 215.243, and have adverse effects on the continuation of farming and forest practices and the full use of the resource base of this state. [1993 c.792 §31]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 or provides for its abatement as a nuisance or trespass is invalid with respect to forest practices for which no claim or action is allowed under ORS 30.936 or 30.937.
(2) Subsection (1) of this section does not apply to:
(a) City rules, regulations or ordinances adopted in accordance with ORS 527.722; or
(b) Any forest practice conducted in violation of a solar energy easement that complies with ORS 105.880 to 105.890. [1993 c.792 §38]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 provides for its abatement as a nuisance or trespass is invalid with respect to that farm practice for which no action or claim is allowed under ORS 30.936 or 30.937. [1981 c.716 §2; 1985 c.565 §4; 1993 c.792 §37]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 for relief based on nuisance or trespass.
(2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:
(a) Damage to commercial agricultural products; or
(b) Death or serious physical injury as defined in ORS 161.015.
(3) Subsection (1) of this section applies regardless of whether the farming or forest practice has undergone any change or interruption. [1993 c.792 §34; 1995 c.547 §8; 1995 c.703 §3; 2001 c.401 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 based on nuisance or trespass.
(2) Subsection (1) of this section shall not apply to a right of action or claim for relief for:
(a) Damage to commercial agricultural products; or
(b) Death or serious physical injury as defined in ORS 161.015.
(3) Subsection (1) of this section applies only where a farming or forest practice existed before the conflicting nonfarm or nonforest use of real property that gave rise to the right of action or claim for relief.
(4) Subsection (1) of this section applies only where a farming or forest practice has not significantly increased in size or intensity from November 4, 1993, or the date on which the applicable urban growth boundary is changed to include the subject farming or forest practice within its limits, whichever is later. [1993 c.792 §35; 1995 c.703 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 farming or forest practice, the prevailing party shall be entitled to judgment for reasonable attorney fees and costs incurred at trial and on appeal. [1993 c.792 §36]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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, if the use of the pesticide:
(a) Is or may be used on a farm of a similar nature;
(b) Is a reasonable and prudent method for the operation of the farm to obtain a profit in money;
(c) Is or may become customarily utilized in conjunction with farm use;
(d) Complies with applicable laws; and
(e) Is done in a reasonable and prudent manner.
(2) Notwithstanding ORS 30.930 (4), the use of a pesticide shall be considered to be a forest practice for purposes of ORS 30.930 to 30.947, if the use of the pesticide:
(a) Is or may be used on forestland of a similar nature;
(b) Is a reasonable and prudent method of complying with ORS 527.610 to 527.770;
(c) Is or may become customarily utilized in conjunction with forestland;
(d) Complies with applicable laws;
(e) Is done in a reasonable and prudent manner; and
(f) Includes, but is not limited to, site preparation, timber harvest, slash disposal, road construction and maintenance, tree planting, precommercial thinning, release, fertilization, animal damage control and insect and disease control. [1993 c.792 §32a; 1995 c.703 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 that concerns matters other than a nuisance or trespass. [1981 c.716 §3; 1985 c.565 §5; 1993 c.792 §39]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 rules to implement the provisions of ORS 30.930 to 30.947. [1993 c.792 §41]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 agency has reason to believe that the complaint is based on practices protected by ORS 30.930 or 30.947. [1995 c.703 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 30.947, 197.435 to 197.467, 215.213, 215.283 and 215.284, does not in any way affect the provisions of ORS 30.930 to 30.947. [1987 c.886 §13; 1995 c.703 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 30.960

[1979 c.801 §3; 1991 c.860 §5; 1995 c.618 §31; 2001 c.791 §5; renumbered 471.567 in 2001]
ACTIONS ARISING OUT OF
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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.
(b) "Food-related condition" means:
(A) Weight gain;
(B) Obesity;
(C) A health condition associated with weight gain or obesity; or
(D) A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of food rather than a single instance of consumption of food.
(2) A person may not maintain an action for a claim of injury or death caused by a food-related condition against a person involved in the selling of food, as described in ORS 616.210.
(3) This section does not apply to a claim that includes as an element of the cause of action that a food-related condition was caused by:
(a) Adulterated food, as described in ORS 616.235;
(b) Reliance on information about food that has been misbranded, as described in ORS 616.250;
(c) Violation of a provision of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as in effect on January 1, 2006, prohibiting adulterated or misbranded food; or
(d) Knowing and willful violation of any other state or federal law related to the manufacturing, marketing, distribution, advertisement, labeling or sale of food.
(4) A violation of law is knowing and willful for the purposes of subsection (3)(d) of this section if the person engaged in the conduct that constituted the violation with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.
(5) This section does not create any claim, right of action or civil liability. This section does not affect any government agency’s statutory authority to enforce laws relating to adulteration or misbranding of food. [2005 c.658 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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.
(b) "Food-related condition" means:
(A) Weight gain;
(B) Obesity;
(C) A health condition associated with weight gain or obesity; or
(D) A generally recognized health condition alleged to be caused by, or alleged to likely result from, long-term consumption of food rather than a single instance of consumption of food.
(2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim described in ORS 30.961 (3) must plead with particularity each element of the cause of action, including a description of all of the following:
(a) The law that allegedly was violated.
(b) The facts that are alleged to constitute a violation of the law identified in paragraph (a) of this subsection.
(c) The facts that are alleged to demonstrate that the food-related condition was caused by the violation.
(d) If the violation was of a law described in ORS 30.961 (3)(d), facts sufficient to support a reasonable inference that the violation was committed with the intent to deceive or injure or with actual knowledge that the conduct was deceptive or injurious.
(3) In any action for a claim of injury or death caused by a food-related condition, a court shall stay all discovery and other proceedings during the pendency of any motion to dismiss. The court, on motion and for good cause shown, shall order that specified discovery be conducted notwithstanding the stay imposed under this subsection. [2005 c.658 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 integral part of the sport, such as changing weather conditions, variations or steepness in terrain, snow or ice conditions, surface or subsurface conditions, bare spots, creeks and gullies, forest growth, rocks, stumps, lift towers and other structures and their components, collisions with other skiers and a skier’s failure to ski within the skier’s own ability.
(2) "Injury" means any personal injury or property damage or loss.
(3) "Skier" means any person who is in a ski area for the purpose of engaging in the sport of skiing or who rides as a passenger on any ski lift device.
(4) "Ski area" means any area designated and maintained by a ski area operator for skiing.
(5) "Ski area operator" means those persons, and their agents, officers, employees or representatives, who operate a ski area. [1979 c.665 §1]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary. [1979 c.665 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 or within 180 days after the skier discovers, or reasonably should have discovered, such injury.
(2) When an injury results in a skier’s death, the required notice of the injury may be presented to the ski area operator by or on behalf of the personal representative of the deceased, or any person who may, under ORS 30.020, maintain an action for the wrongful death of the skier, within 180 days after the date of the death which resulted from the injury. However, if the skier whose injury resulted in death presented a notice to the ski area operator that would have been sufficient under this section had the skier lived, notice of the death to the ski area operator is not necessary.
(3) An action against a ski area operator to recover damages for injuries to a skier shall be commenced within two years of the date of the injuries. However, ORS 12.160 and 12.190 apply to such actions.
(4) Failure to give notice as required by this section bars a claim for injuries or wrongful death unless:
(a) The ski area operator had knowledge of the injury or death within the 180-day period after its occurrence;
(b) The skier or skier’s beneficiaries had good cause for failure to give notice as required by this section; or
(c) The ski area operator failed to comply with subsection (5) of this section.
(5) Ski area operators shall give to skiers, in a manner reasonably calculated to inform, notice of the requirements for notifying a ski area operator of injury and the effect of a failure to provide such notice under this section. [1979 c.665 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 030 - Actions and Suits in Particular Cases › Section 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 within the permit area assume the inherent risks thereof.
(b) Skiers shall be the sole judges of the limits of their skills and their ability to meet and overcome the inherent risks of skiing and shall maintain reasonable control of speed and course.
(c) Skiers shall abide by the directions and instructions of the ski area operator.
(d) Skiers shall familiarize themselves with posted information on location and degree of difficulty of trails and slopes to the extent reasonably possible before skiing on any slope or trail.
(e) Skiers shall not cross the uphill track of any surface lift except at points clearly designated by the ski area operator.
(f) Skiers shall not overtake any other skier except in such a manner as to avoid contact and shall grant the right of way to the overtaken skier.
(g) Skiers shall yield to other skiers when entering a trail or starting downhill.
(h) Skiers must wear retention straps or other devices to prevent runaway skis.
(i) Skiers shall not board rope tows, wire rope tows, j-bars, t-bars, ski lifts or other similar devices unless they have sufficient ability to use the devices, and skiers shall follow any written or verbal instructions that are given regarding the devices.
(j) Skiers, when involved in a skiing accident, shall not depart from the ski area without leaving their names and addresses if reasonably possible.
(k) A skier who is injured should, if reasonably possible, give notice of the injury to the ski area operator before leaving the ski area.
(L) Skiers shall not embark or disembark from a ski lift except at designated areas or by the authority of the ski area operator.
(2) Violation of any of the duties of skiers set forth in subsection (1) of this section entitles the ski area operator to withdraw the violator’s privilege of skiing. [1979 c.665 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.152 - Time for filing special motion to strike; discovery; attorney fees; voluntary dismissals; appeals.

(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 discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing.
(2)(a) All discovery in the proceeding shall be stayed upon the filing of a special motion to strike under ORS 31.150. The stay of discovery shall remain in effect until entry of the judgment. The court, on motion and for good cause shown, may order that specified discovery be conducted notwithstanding the stay imposed by this subsection.
(b) During a stay under this subsection, the court may hear and rule on a motion for reasonable attorney fees and costs under subsection (3) of this section.
(c) A stay under this subsection does not affect a party’s ability voluntarily to dismiss a claim or part of a claim or move to sever a claim.
(d) During a stay under this subsection, the court for good cause may hear and rule on:
(A) A motion unrelated to the special motion to strike under ORS 31.150.
(B) A motion seeking a preliminary injunction to protect against an imminent threat to public health or safety.
(3) A defendant who prevails on a special motion to strike made under ORS 31.150 shall be awarded reasonable attorney fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney fees to a plaintiff who prevails on a special motion to strike.
(4)(a) A voluntary dismissal without prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 does not affect a moving party’s right to obtain a ruling on the motion and seek attorney fees and costs under subsection (3) of this section.
(b) A voluntary dismissal with prejudice of a responding party’s claim, or part of a claim, that is the subject of a special motion to strike under ORS 31.150 establishes for the purpose of subsection (3) of this section that the moving party prevailed on the motion.
(5) A moving party may appeal as a matter of right from an order denying, in whole or in part, a special motion to strike under ORS 31.150. The appeal must be filed in accordance with ORS 19.205.
(6) The purpose of the procedure established by this section and ORS 31.150 and 31.155 is to provide a defendant with the right to not proceed to trial in cases in which the plaintiff does not meet the burden specified in ORS 31.150 (4). This section and ORS 31.150 and 31.155 are to be liberally construed in favor of the exercise of the rights described in ORS 31.150 (2). [Formerly 30.144; 2009 c.449 §3; 2023 c.71 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 attorney acting in an official capacity.
(2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) and do not affect the substantive law governing those claims. [Formerly 30.146]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and
(b) The felonious conduct was a substantial factor contributing to the injury or death.
(2) To establish the defense described in this section, the defendant must prove by a preponderance of the evidence the fact that the person damaged was engaged in conduct that would constitute aggravated murder, murder or a Class A or a Class B felony.
(3) Nothing in this section affects any right of action under 42 U.S.C. 1983.
(4) The defense established by this section is not available if the injury or death resulted from a springgun or other device described in ORS 166.320 and the plaintiff establishes by a preponderance of the evidence that the use of the springgun or other device constituted a violation of ORS 166.320.
(5) The defense established by this section is not available if the injury or death resulted from the use of physical force that was not justifiable under the standards established by ORS 161.195 to 161.275. [Formerly 30.698]