2011 ORS § 30.269¹
Limitations on awards under Oregon Tort Claims Act generally

(1) Punitive damages may not be awarded on any claim subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive).

(2) Claims subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) are not subject to the limitation imposed by ORS 31.710 (Noneconomic damages).

(3) A court may not apply the limitations imposed on recovery under ORS 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) and 30.273 (Limitations on liability of public bodies for property damage or destruction) until after the entry of a verdict or a stipulation by the parties to the amount of the damages.

(4) The limitations imposed under ORS 30.271 (Limitations on liability of state for personal injury and death) (2) and 30.272 (Limitations on liability of local public bodies for personal injury and death) (2) on single claimants include damages claimed for loss of services or loss of support arising out of the same tort.

(5) If two or more claimants recover on a claim that arises out of a single accident or occurrence, and the recovery is subject to a limitation imposed by ORS 30.271 (Limitations on liability of state for personal injury and death) (3), 30.272 (Limitations on liability of local public bodies for personal injury and death) (3) or 30.273 (Limitations on liability of public bodies for property damage or destruction) (2)(b), any party to the action in which the claim is made may apply to the court to apportion to each claimant the proper share of the amount allowed by ORS 30.271 (Limitations on liability of state for personal injury and death) (3), 30.272 (Limitations on liability of local public bodies for personal injury and death) (3) or 30.273 (Limitations on liability of public bodies for property damage or destruction) (2)(b). The share apportioned to each claimant shall be in the proportion that the ratio of the award or settlement made to the claimant bears to the aggregate awards and settlements for all claims arising out of the accident or occurrence.

(6) Liability of any public body and one or more of its officers, employees or agents, or two or more officers, employees or agents of a public body, on claims arising out of a single accident or occurrence, may not exceed in the aggregate the amounts allowed by ORS 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) and 30.273 (Limitations on liability of public bodies for property damage or destruction).

(7) ORS 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) and 30.273 (Limitations on liability of public bodies for property damage or destruction) do not apply to a claim arising in connection with a nuclear incident covered by an insurance or indemnity agreement under 42 U.S.C. 2210.

(8) For the purposes of the limitations imposed by ORS 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) and 30.273 (Limitations on liability of public bodies for property damage or destruction), events giving rise to a proclamation of a state of emergency under ORS 401.165 (Declaration of state of emergency), or a proclamation of a public health emergency under ORS 433.441 (Proclamation of public health emergency), do not constitute a single accident or occurrence. [2009 c.67 §2; 2009 c.718 §15]

Note: 30.269 (Limitations on awards under Oregon Tort Claims Act generally) to 30.274 (Direct appeal of constitutionality of limitations) were added to and made a part of 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.