reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator, or agent or employee thereof, unless it is alleged and proved by the complaining party that the owner, licensee, operator, agent or employee failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
(2) In no event shall any owner, licensee or operator of a radio or television broadcasting station, or any agent or employee thereof, be liable for any damages for any defamatory statement published or uttered by one other than such owner, licensee, operator, agent or employee, in or as part of a radio or television broadcast by any candidate for public office, which broadcast cannot be censored by reason of federal statute or regulations of the Federal Communications Commission. [Formerly 30.150]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 printed periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages which, by competent evidence, the plaintiff can prove to have suffered as a direct and proximate result of the publication of the defamatory statement. [Formerly 30.155]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - 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]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher’s place of business or residence within 20 days after the defamed person receives actual knowledge of the defamatory statement. The demand shall specify which statements are false and defamatory and request that they be corrected or retracted. The demand may also refer to the sources from which the true facts may be ascertained with accuracy.
(2) The publisher of the defamatory statement shall have not more than two weeks after receipt of the demand for correction or retraction in which to investigate the demand; and, after making such investigation, the publisher shall publish the correction or retraction in:
(a) The first issue thereafter published, in the case of newspapers, magazines or other printed periodicals.
(b) The first broadcast or telecast thereafter made, in the case of radio or television stations.
(c) The first public exhibition thereafter made, in the case of motion picture theaters.
(3) The correction or retraction shall consist of a statement by the publisher substantially to the effect that the defamatory statements previously made are not factually supported and that the publisher regrets the original publication thereof.
(4) The correction or retraction shall be published in substantially as conspicuous a manner as the defamatory statement. [Formerly 30.165]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 requirements of ORS 31.215 (2), (3) and (4) are substantially complied with. [Formerly 30.170]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims.
(2) The filing of a civil action within 60 days of the running of the statute of limitations for the purpose of preserving and evaluating the claim when the action is dismissed within 120 days after the date of filing shall not constitute grounds for a claim for wrongful use of a civil proceeding under subsection (1) of this section.
(3) A claim for damages for wrongful use of a civil proceeding shall be brought in an original action after the proceeding which is the subject matter of the claim is concluded. [Formerly 30.895]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.250 - Mandatory dispute resolution for certain actions against health practitioners and health care facilities.

(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless:
(a) The action is settled or otherwise resolved within 270 days after the action is filed; or
(b) All parties to the action agree in writing to waive dispute resolution under this section.
(2) Dispute resolution under this section may consist of arbitration, mediation or a judicial settlement conference.
(3) Within 270 days after filing an action described in subsection (6) of this section, the parties or their attorneys must file a certificate indicating that the parties and attorneys have complied with the requirements of this section.
(4) The court may impose appropriate sanctions against any party or attorney who:
(a) Fails to attend an arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section;
(b) Fails to act in good faith in any arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section;
(c) Fails to timely submit any documents required for an arbitration, mediation or judicial settlement conference conducted for the purposes of the requirements of this section; or
(d) Fails to have a person with authority to approve a resolution of the action available at the time of any arbitration hearing, mediation session or judicial settlement conference conducted for the purposes of the requirements of this section, unless the party or attorney receives from the court, before the hearing, session or conference commences, an exemption from the requirements of this paragraph.
(5) This section does not apply to parties to an action described in subsection (6) of this section that have participated in a discussion and mediation under ORS 31.264 and 31.268.
(6) The provisions of this section apply to any action in which a claim for damages is made against a health practitioner, as described in ORS 31.740, or against a health care facility, as defined in ORS 442.015, based on negligence, unauthorized rendering of health care or product liability under ORS 30.900 to 30.920. [2003 c.598 §54; 2013 c.5 §§13,14; 2021 c.271 §3]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.260 - Definitions for ORS 31.260 to 31.278.

As used in ORS 31.260 to 31.278:
(1) "Adverse health care incident" means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient.
(2) "Health care facility" has the meaning given that term in ORS 442.015.
(3) "Health care provider" means a person practicing within the scope of the person’s license, registration or certification to practice 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 physician under ORS 677.100 to 677.228;
(d) An emergency medical services provider under ORS chapter 682;
(e) A podiatric physician and surgeon under ORS 677.820 to 677.840;
(f) A registered nurse under ORS 678.010 to 678.410;
(g) A dentist under ORS chapter 679;
(h) A dental hygienist under ORS 680.040 to 680.100;
(i) A denturist under ORS 680.515 to 680.535;
(j) An audiologist or speech-language pathologist under ORS 681.250 to 681.350;
(k) An optometrist under ORS 683.040 to 683.155 and 683.170 to 683.220;
(L) A chiropractor under ORS 684.040 to 684.105;
(m) A naturopath under ORS 685.060 to 685.110, 685.125 and 685.135;
(n) A massage therapist under ORS 687.011 to 687.250;
(o) A direct entry midwife under ORS 687.405 to 687.495;
(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 under ORS 677.505 to 677.525; or
(t) A professional counselor or marriage and family therapist under ORS 675.715 to 675.835.
(4) "Patient" means the patient or, if the patient is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278, the patient’s representative as provided in ORS 31.274. [2013 c.5 §1; 2021 c.97 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.262 - Notice of adverse health care incident.

(1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule.
(b) If a health care facility files a notice of adverse health care incident under this subsection, the health care facility shall provide a copy of the notice to the patient.
(c) A notice filed under this subsection may not include the name of a health care provider, but the health care facility filing the notice shall notify any health care providers involved in the adverse health care incident of the notice.
(2)(a) When an adverse health care incident occurs outside of a health care facility or a location operated by a health care facility, the health care provider treating the patient or the employer of the health care provider may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule.
(b) If a health care provider or employer files a notice of adverse health care incident under this subsection, the health care provider or employer shall provide a copy of the notice to the patient.
(c) If an employer files the notice under this subsection, the notice may not include the name of the health care provider, but the employer shall notify each health care provider involved in the adverse health care incident of the notice.
(3) A patient may file a notice of adverse health care incident with the commission in the form and manner provided by the commission by rule. When the commission receives a notice of adverse health care incident from a patient under this subsection, the commission shall notify all health care facilities and health care providers named in the notice within seven days after receiving the notice.
(4) A notice of adverse health care incident filed under this section is not:
(a) A written claim or demand for payment.
(b) A claim for purposes of ORS 742.400.
(5) The filing of a notice of adverse health care incident as provided in this section satisfies the notice requirements of ORS 30.275.
(6) An adult in custody as defined in ORS 30.642 may not file a notice of adverse health care incident under this section. [2013 c.5 §2; 2019 c.213 §116]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.266 - Discussion communications; admissibility; disclosure.

(1) As used in this section, "discussion communication" means:
(a) All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and
(b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussion under ORS 31.264.
(2) Discussion communications and offers of compensation made under ORS 31.264:
(a) Do not constitute an admission of liability.
(b) Are confidential and may not be disclosed.
(c) Except as provided in subsection (3) of this section, are not admissible as evidence in any subsequent adjudicatory proceeding and may not be disclosed by the parties in any subsequent adjudicatory proceeding.
(3)(a) A party may move the court or other decision maker to admit as evidence in a subsequent adjudicatory proceeding a discussion communication that contradicts a statement made during the subsequent adjudicatory proceeding. The court or other decision maker shall allow a discussion communication that contradicts a statement made at a subsequent adjudicatory proceeding into evidence only if the discussion communication is material to the claims presented in the subsequent adjudicatory proceeding.
(b) A party may not move to admit expressions of regret or apology that are inadmissible under ORS 677.082.
(4) Communications, memoranda, work products, documents and other materials, otherwise subject to discovery, that were not prepared specifically for use in a discussion under ORS 31.264, are not confidential.
(5) Any communication, memorandum, work product or document that, before its use in a discussion under ORS 31.264, was a public record as defined in ORS 192.311 remains subject to disclosure to the extent provided by ORS 192.311 to 192.478.
(6) The limitations on admissibility and disclosure in subsequent adjudicatory proceedings imposed by this section apply to any subsequent judicial proceeding, administrative proceeding or arbitration proceeding. The limitations on disclosure imposed by this section include disclosure during any discovery conducted as part of a subsequent adjudicatory proceeding, and a person that is prohibited from disclosing information under the provisions of this section may not be compelled to reveal confidential communications or agreements in any discovery conducted as part of a subsequent adjudicatory proceeding. [2013 c.5 §4]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.268 - Mediation.

(1) If a discussion under ORS 31.264 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 Act may enter into mediation.
(2) The Oregon Patient Safety Commission shall develop and maintain a panel of qualified individuals to serve as mediators. The parties, by mutual agreement, may choose any mediator from within or outside the panel.
(3) The parties shall bear the cost of mediation equally unless otherwise mutually agreed.
(4) Other persons that may participate in the mediation include, but are not limited to:
(a) Members of the patient’s family, at the discretion of the patient;
(b) Attorneys for the patient, the health care facility and the health care provider;
(c) Professional liability insurance carriers;
(d) Risk management personnel; and
(e) Any lien holder with an interest in the dispute.
(5) If a health care facility or health care provider makes an offer of compensation as part of a mediation under this section, the facility or provider shall advise the patient of the patient’s right to seek legal advice before accepting the offer.
(6) Mediation under this section is subject to ORS 36.210, 36.220, 36.222, 36.224, 36.226, 36.232, 36.234, 36.236 and 36.238. [2013 c.5 §5]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.270 - Payment and resolution.

(1) A payment made to a patient under ORS 31.264 or as a result of a mediation under ORS 31.268 is not a payment resulting from a written claim or demand for payment.
(2) A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an adverse health care incident. The parties shall negotiate the form of such documents or court approval as necessary. [2013 c.5 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.272 - Statute of limitations; evidence of offers and payments.

(1) The provisions of ORS 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim.
(2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by the patient and the health care facility or health care provider who files or is named in the notice of adverse health care incident filed under ORS 31.262, from the date the notice is filed.
(3) If a civil action based on an adverse health care incident is commenced, the court shall inform the parties of the opportunity to participate in the notice, discussion and mediation process under ORS 31.262, 31.264 and 31.268.
(4) Except as provided in ORS 31.266, evidence that a party participated or did not participate in the notice, discussion and mediation process under ORS 31.262, 31.264 and 31.268 is inadmissible in any adjudicatory proceeding.
(5) Evidence of an offer of compensation, and the amount, payment or acceptance of any compensation, under ORS 31.264 or 31.268 is inadmissible in any adjudicatory proceeding. However, any judgment in favor of the patient must be reduced by the amount of any compensation paid under ORS 31.264 and 31.268. [2013 c.5 §7]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.274 - Patient representatives.

(1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be located upon reasonable effort by the health care facility or health care provider and who is willing to serve as the patient’s representative:
(a) A guardian of the patient who is authorized to make health care decisions for the patient.
(b) The spouse of the patient.
(c) A parent of the patient.
(d) A majority of the adult children of the patient who can be located.
(e) A majority of the adult siblings of the patient who can be located.
(f) An adult friend of the patient.
(g) A person, other than a health care provider who files or is named in a notice of adverse health care incident under ORS 31.262, appointed by a hospital under ORS 127.760.
(2) The conservator of the patient appointed under ORS chapter 125 may serve as a patient’s representative with the patient’s representative designated under subsection (1) of this section if the conservator’s representation is necessary to consider an offer of compensation under ORS 31.264 or 31.268. [2013 c.5 §8]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.276 - Duties of Oregon Patient Safety Commission; rules.

(1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement ORS 31.260 to 31.278, including, but not limited to:
(a) Procedures for filing a notice of adverse health care incident under ORS 31.262 and for conducting discussions and mediations under ORS 31.264 and 31.268.
(b) The form of the notice of adverse health care incident under ORS 31.262.
(2) The commission shall use notices of adverse health care incidents filed under ORS 31.262 to:
(a) Establish quality improvement techniques to reduce patient care errors that contribute to adverse health care incidents.
(b) Develop evidence-based prevention practices to improve patient outcomes and disseminate information about those practices.
(c) Upon the request of a health care facility or health care provider, assist the facility or provider in reducing the frequency of a particular adverse health care incident, including, but not limited to, determining the underlying cause of the incident and providing advice regarding preventing reoccurrence of the incident. [2013 c.5 §9]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.278 - Use of information relating to notice of adverse health care incident.

(1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276. Information disclosed under this subsection may not identify a health care facility, health care provider or patient involved in the adverse health care incident.
(2) The commission may not disclose any information provided pursuant to a discussion under ORS 31.264 to a regulatory agency or licensing board.
(3) The commission may use and disclose information provided pursuant to a discussion under ORS 31.264 as necessary to assist a health care facility or health care provider involved in an adverse health care incident in determining the cause of and potential mitigation of the incident. If the commission discloses information under this subsection to a person not involved in the incident, the information may not identify a health care facility, health care provider or patient involved in the incident.
(4) A regulatory agency, licensing board, health care facility, health insurer or credentialing entity may not ask the commission, a health care facility, a health care provider or other person whether a facility or provider has filed a notice of adverse health care incident or use the fact that a notice of adverse health care incident was filed as the basis of disciplinary, regulatory, licensure or credentialing action. This subsection does not prevent a person from using information, if the information is otherwise available, to engage in quality review of patient care or as the basis of imposing a restriction, limitation, loss or denial of privileges on a health care provider or other action against a health care provider based on a finding of medical incompetence, unprofessional conduct, physical incapacity or impairment. [2013 c.5 §10]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real estate activity for which the individual is licensed may not be filed unless the claimant’s attorney certifies that the attorney has consulted a real estate licensee who is qualified, available and willing to testify to admissible facts and opinions sufficient to create a question of fact as to the liability of the real estate licensee. The certification required by this section must be filed with or be made part of the original complaint, cross-claim, counterclaim or third-party complaint. The certification must contain a statement that a real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, is available and willing to testify that:
(a) The alleged conduct of the real estate licensee failed to meet the standard of professional care applicable to the real estate licensee in the circumstances alleged; and
(b) The alleged conduct was a cause of the claimed damages, losses or other harm.
(3) In lieu of providing the certification described in subsection (2) of this section, the claimant’s attorney may file with the court at the time of filing a complaint, cross-claim, counterclaim or third-party complaint an affidavit that states:
(a) The applicable statute of limitations is about to expire;
(b) The certification required under subsection (2) of this section will be filed within 30 days after filing the complaint, cross-claim, counterclaim or third-party complaint or such longer time as the court may allow for good cause shown; and
(c) The attorney has made such inquiry as is reasonable under the circumstances and has made a good faith attempt to consult with at least one real estate licensee who is qualified to testify as to the standard of care applicable to the alleged facts, as required by subsection (2) of this section.
(4) Upon motion of the real estate licensee, the court shall enter judgment dismissing any complaint, cross-claim, counterclaim or third-party complaint against any real estate licensee who fails to comply with the requirements of this section.
(5) This section applies only to a complaint, cross-claim, counterclaim or third-party complaint against a real estate licensee by any plaintiff who:
(a) Has contracted with or otherwise employed the real estate licensee; or
(b) Is a person for whose benefit the real estate licensee performed services. [2005 c.277 §1; 2007 c.319 §25]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 31.705, in an action arising from an injury caused by a dog:
(a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and
(b) The owner of the dog may not assert as a defense that the owner could not foresee that the dog would cause the injury.
(2) This section does not prevent the owner of a dog that caused an injury from asserting that the dog was provoked, or from asserting any other defense that may be available to the owner.
(3) This section does not affect the requirements for an award of punitive damages provided in ORS 31.730 (1). [2007 c.402 §1; 2021 c.478 §6]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 31.370 - Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police.

(1) In a claim for negligence based on the defendant’s failure to conduct an adequate criminal records check of a person, there is a rebuttable presumption that the defendant was not negligent if the defendant conducted the criminal records check through the Department of State Police.
(2) A criminal records check conducted through the Law Enforcement Data System meets the requirements of this section. [2019 c.424 §2]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 destruction of property prior to the determination of legal liability therefor. [Formerly 18.500]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 in favor of a party for whose benefit any such advance payment has been received, the amount of the judgment shall be reduced by the amount of any such payments in the manner provided in subsection (3) of this section. However, nothing in ORS 12.155, 31.560 and 31.565 and this section authorizes the person making such payments to recover such advance payment if no damages are awarded or to recover any amount by which the advance payment exceeds the award of damages.
(2) If judgment is entered against a party who is insured under a policy of liability insurance against such judgment and in favor of a party who has received benefits that have been the basis for a reimbursement payment by such insurer under ORS 742.534, the amount of the judgment shall be reduced by reason of such benefits in the manner provided in subsection (3) of this section.
(3)(a) The amount of any advance payment referred to in subsection (1) of this section may be submitted by the party making the payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.
(b) The amount of any benefits referred to in subsection (2) of this section, diminished in proportion to the amount of negligence attributable to the party in favor of whom the judgment was entered and diminished to an amount no greater than the reimbursement payment made by the insurer under ORS 742.534, may be submitted by the insurer which has made the reimbursement payment, in the manner provided in ORCP 68 C(4) for the submission of disbursements.
(c) Unless timely objections are filed as provided in ORCP 68 C(4), the court clerk shall apply the amounts claimed pursuant to this subsection in partial satisfaction of the judgment. Such partial satisfaction shall be allowed without regard to whether the party claiming the reduction is otherwise entitled to costs and disbursements in the action. [Formerly 18.510]
2023 Oregon Revised Statutes › Volume : 01 - Courts, Oregon Rules of Civil Procedure › Chapter 031 - Tort Actions › Section 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 injury by the person making the payment unless the parties to the payment agree to the contrary in writing.
(2) For the purpose of subsection (1) of this section, advance payment is made when payment is made with or to:
(a) The injured person;
(b) A person acting on behalf of the injured person with the consent of the injured person; or
(c) Any other person entitled to recover damages on account of the injury or death of the injured or deceased person. [Formerly 18.520]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]