ORS 30.020
Action for wrongful death

  • when commenced
  • damages

(1)

When the death of a person is caused by the wrongful act or omission of another, the personal representative of the decedent, for the benefit of the decedent’s surviving spouse, surviving children, surviving parents and other individuals, if any, who under the law of intestate succession of the state of the decedent’s domicile would be entitled to inherit the personal property of the decedent, and for the benefit of any stepchild or stepparent whether that stepchild or stepparent would be entitled to inherit the personal property of the decedent or not, may maintain an action against the wrongdoer, if the decedent might have maintained an action, had the decedent lived, against the wrongdoer for an injury done by the same act or omission. The action shall be commenced within three years after the injury causing the death of the decedent is discovered or reasonably should have been discovered by the decedent, by the personal representative or by a person for whose benefit the action may be brought under this section if that person is not the wrongdoer. In no case may an action be commenced later than the earliest of:

(a)

Three years after the death of the decedent; or

(b)

The longest of any other period for commencing an action under a statute of ultimate repose that applies to the act or omission causing the injury, including but not limited to the statutes of ultimate repose provided for in ORS 12.110 (Actions for certain injuries to person not arising on contract) (4), 12.115 (Action for negligent injury to person or property), 12.135 (Action for damages from construction, alteration or repair of improvement to real property), 12.137 (Action for loss of or damage to property arising from nuclear incident) and 30.905 (Time limitation for commencement of action).

(2)

In an action under this section damages may be awarded in an amount which:

(a)

Includes reasonable charges necessarily incurred for doctors’ services, hospital services, nursing services, other medical services, burial services and memorial services rendered for the decedent;

(b)

Would justly, fairly and reasonably have compensated the decedent for disability, pain, suffering and loss of income during the period between injury to the decedent and the decedent’s death;

(c)

Justly, fairly and reasonably compensates for pecuniary loss to the decedent’s estate;

(d)

Justly, fairly and reasonably compensates the decedent’s spouse, children, stepchildren, stepparents and parents for pecuniary loss and for loss of the society, companionship and services of the decedent; and

(e)

Separately stated in finding or verdict, the punitive damages, if any, which the decedent would have been entitled to recover from the wrongdoer if the decedent had lived.

(3)

For the purposes of this section:

(a)

Two persons shall be considered to have a stepchild-stepparent relationship if one of the biological parents of the stepchild, while the stepchild is a minor and in the custody of this first biological parent, marries the stepparent who is not the second biological parent or the adoptive parent of the stepchild;

(b)

The stepchild-stepparent relationship shall remain in effect even though the stepchild is older than the age of majority or has been emancipated;

(c)

The stepchild-stepparent relationship shall remain in effect even though one or both of the biological parents of the stepchild die; and

(d)

The stepchild-stepparent relationship shall end upon the divorce of the biological parent and the stepparent. [Amended by 1953 c.600 §3; 1961 c.437 §1; 1967 c.544 §1; 1973 c.718 §2; 1991 c.471 §1; 1991 c.608 §1; 1995 c.618 §19]

Source: Section 30.020 — Action for wrongful death; when commenced; damages, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

Notes of Decisions

In general

Under former provisions of this section providing for action for benefit of “dependents,” status of parenthood would not by itself establish dependency, and thus mother was not dependent of deceased son. Hines v. Hines, 32 Or App 209, 573 P2d 1260 (1978), Sup Ct review denied

Action against public body for wrongful death must be commenced pursuant to ORS 30.275 rather than this section. Housen v. Morse Brothers, 32 Or App 491, 574 P2d 361 (1978), Sup Ct review denied

Wrongful death products liability action is governed by two-year limitations period of Oregon Products Liability Act not three-year limitations period of wrongful death statute. Thompson v. Communications Technology, Inc. (CTI), 877 F2d 27 (9th Cir. 1989)

Where cause of action is within scope of wrongful death action, common law claim by beneficiary of decedent is not available. Horwell v. Oregon Episcopal School, 100 Or App 571, 787 P2d 502 (1990)

Where differential treatment is inherent in any statutory scheme which continues partial sovereign immunity and Oregon Constitution permits sovereign immunity, challenged statutory scheme which extends three-year statute of limitations to most wrongful death actions but only provides two-year statute of limitations when wrongful death was government-inflicted does not violate Article I, Section 20 of the Oregon Constitution. Van Wormer v. City of Salem, 309 Or 404, 788 P2d 443 (1990)

For death caused by product defect, time limitation for commencement of action under ORS 30.905 supersedes time limitation provided by this section. Kambury v. DaimlerChrysler Corp., 334 Or 367, 50 P3d 1163 (2002)

Except in limited range of cases, substantial factor standard of causation does not relieve plaintiff of burden to show death would not have occurred but for wrongful act or omission. Joshi v. Providence Health System of Oregon Corp., 198 Or App 535, 108 P3d 1195 (2005), aff’d 342 Or 152, 149 P3d 1164 (2006)

Action by personal representative

In wrongful death action allegedly resulting from medical malpractice, three year wrongful death limitation under this section applied rather than two year medical malpractice limitation under ORS 12.110. Baxter v. Zeller, 42 Or App 873, 601 P2d 902 (1979), Sup Ct review denied

Effect of this section is not to allow single claim for benefit of decedent’s estate but rather to allow action to be brought in name of personal representative to enforce individual claims of spouse and each child for pecuniary losses and losses of society, companionship, and services resulting from decedent’s death. Christensen v. Epley, 287 Or 539, 601 P2d 1216 (1979); Graves v. Tulleners, 205 Or App 267, 134 P3d 990 (2006)

Contributory negligence of sole beneficiaries to action can be asserted as defense. Robinson v. Children’s Services Division, 140 Or App 429, 914 P2d 1123 (1996)

Ability of estate to bring action is dependent on decedent having cause of action at time of death. Union Bank of California v. Copeland Lumber Yards, 213 Or App 308, 160 P3d 1032 (2007); Hobart v. Holt, 222 Or App 550, 194 P3d 820 (2008)

Action commenced within three years

Where dermatologist misdiagnosed mole on decedent’s scalp, injury occurred no earlier than time when mole began to grow, because that event was earliest time when decedent could have been aware of any harm traceable to physician. Repp v. Hahn, 45 Or App 671, 609 P2d 398 (1980), Sup Ct review denied

Action for death of child

Plaintiff was entitled to submit to jury issue whether defendant’s nurse was negligent in failing to properly monitor child’s heartbeat while its mother was in labor prior to delivery. Libbee v. Permanente Clinic, 268 Or 258, 518 P2d 636 (1974)

Action for wrongful death of viable unborn child can be maintained in Oregon. Libbee v. Permanente Clinic, 268 Or 258, 518 P2d 636 (1974)

Where there are surviving children of decedent, parent of decedent has cause of action for wrongful death independent of laws of intestate succession. Rake v. Boise Cascade, 43 Or App 767, 604 P2d 421 (1979), Sup Ct review denied

Nonviable fetus is not “person” for purposes of wrongful death action. LaDu v. Oregon Clinic, P.C., 165 Or App 687, 998 P2d 733 (2000), Sup Ct review denied

Action for death of spouse

Person with whom decedent maintained domestic relationship without marriage for five years was not “surviving spouse” within meaning of this section. Ore-Ida Foods v. Gonzalez, 43 Or App 393, 602 P2d 1132 (1979), Sup Ct review denied

Damages

Where decedent had agreed to perform valuable services for sole beneficiary of decedent’s estate without monetary compensation, measure of damages is pecuniary value of lost services. Goheen v. Gen. Motors Corp., 263 Or 145, 502 P2d 223 (1972)

In wrongful death action, plaintiff need not show heirs that would have survived decedent if he had lived normal life span in order to recover damages for pecuniary loss to decedent’s estate, so long as there are living heirs at time action is brought. Goddard v. Munson, 108 Or App 342, 816 P2d 619 (1991), Sup Ct review denied

Economic damages awarded for pecuniary loss in wrongful death actions are not limited to objectively verifiable monetary losses. Ingram v. Acands, Inc., 977 F2d 1332 (1992)

Child’s loss of “services” of deceased parent is item of economic damages. Kahn v. Pony Express Courier Corp., 173 Or App 127, 20 P3d 837 (2001), Sup Ct review denied

Law Review Citations

10 WLJ 217, 221-228, 296-306 (1974); 74 OLR 379 (1995)

30.010
Who may maintain action for injury or death of child
30.020
Action for wrongful death
30.025
Placement of damages in lawyer trust account or other account before distribution
30.030
Distribution of damages
30.040
Apportionment among dependents upon settlement
30.050
Apportionment among dependents after judgment
30.060
Appeal from order of distribution or apportionment
30.063
Forfeiture of damages distributable to parent or stepparent for desertion or neglect
30.065
Petition for forfeiture
30.070
Settlement
30.075
Procedure upon death of injured person
30.080
Effect of death of wrongdoer
30.090
Appointment of administrator of estate of wrongdoer
30.100
Substitution of personal representative as party defendant
30.115
Aircraft and watercraft guest passengers
30.130
Public carriers by aircraft and prospective aircraft purchasers
30.135
Liability of certain persons that lend, rent, donate use of, make available for test drive or otherwise provide motor vehicle
30.136
Action to enforce right or remedy under Servicemembers Civil Relief Act
30.138
Remedies for violation of Servicemembers Civil Relief Act
30.140
Certain indemnification provisions in construction agreement void
30.145
Certain provisions relating to waivers in construction agreements void
30.178
Liability of employer for disclosing information about employee to new employer
30.180
Definitions for ORS 30.180 to 30.186
30.182
Civil action for taking of or tampering with utility services
30.184
Amount recoverable
30.186
Remedies not exclusive
30.192
Definitions for ORS 30.192 to 30.196
30.194
Prohibitions relating to cable services
30.195
Civil action for violation of prohibitions relating to cable services
30.196
Amount recoverable
30.198
Civil action for intimidation
30.200
Action by district attorney
30.210
To whom official bonds are security
30.220
Parties
30.230
Leave to begin action
30.240
Subsequent delinquencies on same bond
30.250
Amount of judgment
30.260
Definitions for ORS 30.260 to 30.300
30.261
Limitation on applicability of ORS 30.260 to 30.300 to certain private, nonprofit organizations
30.262
Certain nonprofit facilities and homes public bodies for purposes of ORS 30.260 to 30.300
30.265
Scope of liability of public body, officers, employees and agents
30.267
Liability for certain medical treatment at Oregon Health and Science University facilities
30.268
Liability for certain medical treatment at facilities other than Oregon Health and Science University
30.269
Limitations on awards under Oregon Tort Claims Act generally
30.271
Limitations on liability of state for personal injury and death
30.272
Limitations on liability of local public bodies for personal injury and death
30.273
Limitations on liability of public bodies for property damage or destruction
30.274
Direct appeal of constitutionality of limitations
30.275
Notice of claim
30.278
Reporting notice of claim of professional negligence to licensing board
30.282
Local public body insurance
30.285
Public body shall indemnify public officers
30.287
Counsel for public officer
30.290
Settlement of claims by local public body
30.295
Payment of judgment or settlement
30.297
Liability of certain state agencies for damages caused by foster child or adjudicated youth
30.298
Liability of certain state agencies to foster parents for injury or damage caused by foster child or adjudicated youth
30.300
ORS 30.260 to 30.300 exclusive
30.302
Certain retired health care providers to be considered agents of public bodies
30.310
Actions and suits by governmental units
30.312
Actions by governmental units under federal antitrust laws
30.315
Proceedings by cities and counties to enforce ordinances and resolutions
30.320
Contract and other actions and suits against governmental units
30.330
Contracts of Department of Transportation providing for arbitration
30.340
Title of proceedings by or against county
30.360
Governmental unit as defendant in actions involving liens on realty
30.370
Service of summons on Attorney General
30.380
Action by assignee of claim for money illegally charged or exacted
30.390
Satisfaction of judgment against public corporation
30.395
Settlement of certain claims against municipal corporations
30.400
Actions by and against public officers in official capacity
30.405
Injunction for criminal conduct related to employment or status of public servant
30.407
Request for hearing following issuance of order under ORS 30.405
30.410
In whose name action brought
30.420
Venue of action for forfeiture
30.430
Amount of penalty
30.440
Judgment by collusion not a bar
30.460
Payment of fines or costs in proceeding to enforce county ordinance or resolution
30.475
Legislative policy
30.480
Limitation on liability of volunteers
30.485
Apportionment of damages
30.490
Definitions for ORS 30.490 to 30.497
30.492
Limitation on liability of volunteer providing assistance or advice related to mitigation or cleanup of discharge of hazardous material
30.495
Exceptions to limitation
30.497
When limitation on liability not applicable
30.500
Definitions for ORS 30.500 and 30.505
30.505
Limitation on liability of volunteer providing assistance relating to compliance with hazardous waste disposal laws
30.510
Action for usurpation of office or franchise, forfeiture of office or failure to incorporate
30.520
Joinder of defendants
30.530
Determining right of person claiming an office or franchise
30.540
Rights of person adjudged entitled to office or franchise
30.550
Action for damages
30.560
Judgment against usurper
30.570
Action to annul corporate existence on direction of Governor
30.580
Action to annul corporate existence on leave of court
30.590
Judgment against corporation
30.600
Action to annul letters patent
30.610
Prosecutor
30.620
Duty of district attorney
30.630
Filing copy of judgment with Secretary of State
30.640
Enforcement of judgment
30.642
Definitions for ORS 30.642 to 30.650
30.643
Waiver or deferral of fees and costs
30.645
Waiver or deferral of fees after three dismissals of action
30.646
Payment of costs under judgment against adult in custody
30.647
Dismissal of action during proceedings
30.648
Small claims actions
30.650
Award of noneconomic damages
30.671
Definitions for ORS 30.671 to 30.677
30.673
Limitations on liability of agri-tourism professional
30.677
Notice
30.687
Definitions for ORS 30.687 to 30.697
30.689
Policy
30.691
Limitations on liability
30.693
Additional exceptions to limitations on liability
30.695
Effect of written release on liability of veterinarian or farrier
30.697
Effect on workers’ compensation benefits
30.701
Actions against maker of dishonored check
30.715
Successive actions or suits
30.740
Right of gambling loser to recover double losses
30.750
Liability of abstractors
30.765
Liability of parents for tort by child
30.772
Liability of landowner arising out of aviation activity
30.774
Indemnification of property owner that allows nonprofit organization or educational provider to use property
30.780
Liability for damages caused by gambling
30.785
Liability of construction design professional for injuries resulting from failure of employer to comply with safety standards
30.788
Liability of architect, engineer, inspector or building evaluator for emergency relief services
30.792
Liability of health care provider or health clinic for volunteer services to charitable organization
30.794
Liability of physician or hospital arising out of care provided by direct entry midwife
30.800
Liability for emergency medical assistance
30.802
Liability for use of automated external defibrillator
30.803
Liability of licensed emergency medical services provider acting as volunteer
30.805
Liability for emergency medical assistance by government personnel
30.807
Liability for emergency transportation assistance
30.809
Liability of fraternal organization that provides used eyeglasses or hearing aids
30.811
Liability of person providing outreach services to homeless individual or individual at risk of becoming homeless individual
30.813
Liability of person who enters motor vehicle to remove unattended child or domestic animal
30.815
Liability of seller or lessor of law enforcement dog
30.817
Action against animal abuser for costs of providing veterinary care
30.820
Action against seller of drugged horse
30.822
Action for theft of or injury to search and rescue animal or therapy animal
30.825
Action for unlawful tree spiking
30.831
Action for invasion of personal privacy
30.833
Action for dissemination of intimate image
30.835
Action for improper disclosure of private information
30.845
Action against person who summons police with improper intent
30.849
Action for injunction compelling private school to comply with certain laws
30.860
Action for trade discrimination
30.862
Action for public investment fraud
30.863
Action for impersonation
30.864
Action for disclosure of certain education records
30.866
Action for issuance or violation of stalking protective order
30.867
Action for violation of criminal laws relating to involuntary servitude or trafficking in persons
30.868
Civil damages for custodial interference
30.870
Definitions for ORS 30.870 and 30.875
30.875
Civil damages for shoplifting or taking of agricultural produce
30.876
Treble damages and costs in actions arising out of interference with agricultural research
30.877
Treble damages and costs in actions arising out of research and animal interference and arising out of interference with livestock production
30.882
Award of liquidated damages to sports official subjected to offensive physical contact
30.890
Liability of food gleaners, donors and distributors
30.892
Liability of donors and distributors of general merchandise and household items
30.900
“Product liability civil action” defined
30.902
Products provided by physicians
30.905
Time limitation for commencement of action
30.907
Action for damages from asbestos-related disease
30.908
Action arising out of injury from breast implants
30.910
Product disputably presumed not unreasonably dangerous
30.915
Defenses
30.920
When seller or lessor of product liable
30.925
Punitive damages
30.927
When manufacturer of drug not liable for punitive damages
30.928
Time limitation for actions for damages caused by certain light bulbs
30.930
Definitions for ORS 30.930 to 30.947
30.931
Transport or movement of equipment, device, vehicle or livestock as farming or forest practice
30.932
Definition of “nuisance” or “trespass.”
30.933
Legislative findings
30.934
Prohibition on local laws that make forest practice a nuisance or trespass
30.935
Prohibition on local laws that make farm practice a nuisance or trespass
30.936
Immunity from private action based on farming or forest practice on certain lands
30.937
Immunity from private action based on farming or forest practice allowed as preexisting nonconforming use
30.938
Attorney fees and costs
30.939
When use of pesticide considered farming or forest practice
30.940
Effect on other remedies
30.942
Rules
30.943
Certain agencies not required to investigate complaints based on farming or forest practice
30.947
Effect of siting of destination resorts or other nonfarm or nonforest uses
30.949
Action for hindering, impairment or obstruction of forest practice on state forestland
30.961
Actions against sellers of food for food-related condition
30.963
Claim requirements for actions involving food-related conditions
30.970
Definitions for ORS 30.970 to 30.990
30.975
Skiers assume certain risks
30.980
Notice to ski area operator of injury to skier
30.985
Duties of skiers
30.990
Operators required to give skiers notice of duties
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