2015 ORS 124.100¹
Definitions for ORS 124.100 to 124.140
  • action authorized
  • relief
  • qualifications for bringing action
  • service on Attorney General

(1) As used in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction):

(a) "Designee" means a person designated by the Department of Human Services to conduct investigations under ORS 430.731 (Uniform investigation procedures) in a county with a population of 650,000 or more persons.

(b) "Elderly person" means a person 65 years of age or older.

(c) "Financially incapable" has the meaning given that term in ORS 125.005 (Definitions).

(d) "Incapacitated" has the meaning given that term in ORS 125.005 (Definitions).

(e) "Person with a disability" means a person with a physical or mental impairment that:

(A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

(B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

(f) "Type B area agency" means a type B area agency, as defined in ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619), that is designated to operate in a geographic area with a population of 650,000 or more persons.

(g) "Vulnerable person" means:

(A) An elderly person;

(B) A financially incapable person;

(C) An incapacitated person; or

(D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.

(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a) An amount equal to three times all economic damages, as defined in ORS 31.710 (Noneconomic damages), resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b) An amount equal to three times all noneconomic damages, as defined by ORS 31.710 (Noneconomic damages), resulting from the physical or financial abuse.

(c) Reasonable attorney fees incurred by the plaintiff.

(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

(3) An action may be brought under this section only by:

(a) A vulnerable person;

(b) A guardian, conservator or attorney-in-fact for a vulnerable person;

(c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

(d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

(4) An action may be brought under this section only for physical abuse described in ORS 124.105 (Physical abuse subject to action) or for financial abuse described in ORS 124.110 (Financial abuse subject to action).

(5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

(6) A person commencing an action under this section must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced. [1995 c.671 §1; 1997 c.249 §41; 1999 c.305 §1; 2001 c.843 §3; 2003 c.211 §1; 2005 c.87 §1; 2005 c.386 §1a; 2007 c.70 §30; 2015 c.568 §2]

Note: The amendments to 124.100 (Definitions for ORS 124.100 to 124.140) by section 5, chapter 568, Oregon Laws 2015, become operative July 1, 2018. See section 6, chapter 568, Oregon Laws 2015. The text that is operative on and after July 1, 2018, is set forth for the user’s convenience.

124.100 (Definitions for ORS 124.100 to 124.140). (1) As used in ORS 124.100 (Definitions for ORS 124.100 to 124.140) to 124.140 (Estoppel based on criminal conviction):

(a) "Elderly person" means a person 65 years of age or older.

(b) "Financially incapable" has the meaning given that term in ORS 125.005 (Definitions).

(c) "Incapacitated" has the meaning given that term in ORS 125.005 (Definitions).

(d) "Person with a disability" means a person with a physical or mental impairment that:

(A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

(B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

(e) "Vulnerable person" means:

(A) An elderly person;

(B) A financially incapable person;

(C) An incapacitated person; or

(D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.

(2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

(a) An amount equal to three times all economic damages, as defined in ORS 31.710 (Noneconomic damages), resulting from the physical or financial abuse, or $500, whichever amount is greater.

(b) An amount equal to three times all noneconomic damages, as defined by ORS 31.710 (Noneconomic damages), resulting from the physical or financial abuse.

(c) Reasonable attorney fees incurred by the plaintiff.

(d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

(3) An action may be brought under this section only by:

(a) A vulnerable person;

(b) A guardian, conservator or attorney-in-fact for a vulnerable person;

(c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

(d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

(4) An action may be brought under this section only for physical abuse described in ORS 124.105 (Physical abuse subject to action) or for financial abuse described in ORS 124.110 (Financial abuse subject to action).

(5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

(6) A person commencing an action under this section must serve a copy of the complaint on the Attorney General within 30 days after the action is commenced.

Notes of Decisions

Person is incapacitated if per­son's ability to protect self is, while being abused, significantly impaired. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Person may be incapacitated even if period of time during which impair­ment occurs does not last as long as period of time during which abuse occurs. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Award for noneconomic damages under this pro­vi­sion may exceed limit imposed on award for noneconomic damages under ORS 31.710 (Noneconomic damages). Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Defendant is not re­quired to have acted with certain mens reafor court to award noneconomic damages under this pro­vi­sion. Herring v. American Medical Response Northwest, 255 Or App 315, 297 P3d 9 (2013), Sup Ct review denied

Where defendant employer received multiple complaints from victims of sexual abuse committed by employer's employee and defendant failed to take significant ac­tion to address issues and continued to employ employee in some capacity, defendant "knowingly" failed to act to prevent abuse under this sec­tion. Wyers v. American Medical Response Northwest, Incorporated, 268 Or App 232, 342 P3d 129 (2014), Sup Ct review allowed

Law Review Cita­tions

52 WLR 325 (2016)


1 Legislative Counsel Committee, CHAPTER 124—Abuse Prevention and Reporting; Civil Action for Abuse, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors124.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 124, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano124.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.