ORS 30.115
Aircraft and watercraft guest passengers

  • definitions

No person transported by the owner or operator of an aircraft or a watercraft as a guest without payment for such transportation, shall have a cause of action for damages against the owner or operator for injury, death or loss, in case of accident, unless the accident was intentional on the part of the owner or operator or caused by the gross negligence or intoxication of the owner or operator. As used in this section:

(1)

“Payment” means a substantial benefit in a material or business sense conferred upon the owner or operator of the conveyance and which is a substantial motivating factor for the transportation, and it does not include a mere gratuity or social amenity.

(2)

“Gross negligence” refers to negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by conscious indifference to or reckless disregard of the rights of others. [1961 c.578 §2 (30.115 (Aircraft and watercraft guest passengers) enacted in lieu of 30.110 and 30.120); 1979 c.866 §7]

Source: Section 30.115 — Aircraft and watercraft guest passengers; definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

Notes of Decisions

In general

Evidence of driver’s drinking substantial amount of beer, known to the guest, and nothing more, will support submission of contributory negligence to jury. Trotter v. McKellip, 265 Or 334, 509 P2d 31 (1973)

“Reckless disregard” means act or failure to act that creates obvious danger with high probability of serious physical harm. Sherman v. McAllister, 265 Or 630, 509 P2d 1176 (1973)

It is unnecessary for plaintiff to show that defendant was intoxicated in order to obtain an instruction which informs the jury that it may consider defendant’s prior drinking for whatever effect it might have had on the issues of lookout and control. Gatten v. Widman, 269 Or 112, 523 P2d 1007 (1974)

This section does not deny injured passengers equal protection of the law. Duerst v. Limbocker, 269 Or 252, 525 P2d 99 (1974); Reinholtz v. Ressler, 269 Or 249, 525 P2d 55 (1974); Salmon v. Miller, 269 Or 267, 525 P2d 104 (1974)

A plaintiff guest should be entitled to plead either or both intoxication or gross negligence and be allowed to have either or both theories submitted to the jury if supported by the evidence. Jenson v. Spencer, 269 Or 411, 525 P2d 153 (1974)

This section will not bar an action for loss of consortium with a spouse; overruling Whang v. Hong, 206 Or 125, 290 P2d 185, 291 P2d 270 (1955). Naber v. Thompson, 274 Or 309, 546 P2d 467 (1976)

Comparative fault statute, [former] ORS 18.470, applies to cases governed by this section. Johnson v. Tilden, 278 Or 11, 520 P2d 1188 (1977)

Guest passenger laws of British Columbia should have been applied where Oregon’s involvement was merely that of forum state and Oregon’s policy did not conflict with British Columbia policy. Fisher v. Huck, 50 Or App 635, 624 P2d 177 (1981)

Guest

There may be benefit to defendant (other than social) which keeps plaintiff from being guest, even though benefit does not qualify as payment because it is not “substantial benefit in a material or business sense.” Havlina v. Guaranty Chevrolet Co., 265 Or 562, 509 P2d 415 (1973)

If plaintiff was riding as “favor” to operator but only in sense that it was in furtherance of mutually desirable social relationship, plaintiff would be guest. Havlina v. Guaranty Chevrolet Co., 265 Or 562, 509 P2d 415 (1973)

Question of plaintiff’s status as guest passenger, due to the possibility of benefit conferred upon defendant, is properly left to jury. Ghafoor v. Taj, 267 Or 205, 516 P2d 75 (1973)

When plaintiff was swimming from defendant’s boat for the purpose of waterskiing behind it, she was still a guest passenger. Hankins v. Bates, 271 Or 676, 534 P2d 170 (1975)

Two elements must coexist to create host-guest relationship (1) absence of substantial benefit to host; and (2) invitation motivated by host’s spirit of hospitality. Baker v. Stutzman, 273 Or 530, 542 P2d 478 (1975)

Where trip of over 400 miles at night was undertaken solely at request of and accommodation for plaintiff, payment of $10 for gas did not remove plaintiff from guest passenger status. Fullerton v. White, 273 Or 649, 542 P2d 1017 (1975)

Person is not being “transported” where that person has made no voluntary contact with vehicle. Kruse v. Fitzpatrick, 278 Or 185, 563 P2d 680 (1977)

Where accident occurred in British Columbia but both host and guest were Oregon residents, guest passenger statute applied because, while Oregon had interest in protection of Oregon hosts, British Columbia’s interest in ability of its residents to obtain compensation was unaffected by application of Oregon law. Tower v. Schwabe, 284 Or 105, 585 P2d 662 (1978)

Section requiring airplane guest passengers to prove gross negligence to recover for injuries without placing corresponding burden on motor vehicle and other guest passengers does not violate Article I, section 20 of Oregon Constitution or Equal Protection or Due Process Clauses of Fourteenth Amendment. Urton v. Hudson, 101 Or App 147, 790 P2d 12 (1990), Sup Ct review denied

Gross negligence

Although it may be shown that occurrence was preceded by several acts of ordinary negligence, it is only when all of these acts combined with existing circumstances show a foolhardy attitude on part of driver that gross negligence has been established. Bottom v. McClain, 260 Or 186, 489 P2d 940 (1971)

Proof of drinking and erratic driving prior to an accident, plus ordinary negligence, can equal gross negligence. Gatten v. Widman, 269 Or 112, 523 P2d 1007 (1974)

Defendant’s failure to keep a lookout, even if found by jury, would have been insufficient evidence of gross negligence. Salmon v. Miller, 269 Or 267, 525 P2d 104 (1974)

If there is evidence of substantial consumption of alcohol or evidence of consumption of a smaller amount but corroboration by external manifestations of such influence, then inference that the defendant’s conduct was affected by his consumption is allowed. Jenson v. Spencer, 269 Or 411, 525 P2d 153 (1974)

Mere inadvertence, brief inattention or error in judgment as to proper speed does not constitute gross negligence without some basis for inferring acts were done with reckless mental state or conscious indifference to safety of others. Smith v. Barry, 37 Or App 319, 587 P2d 483 (1978)

Evidence that defendant driver was warned by his passenger to cease his reckless driving, that defendant considered warnings, rejected them and continued to drive in the same manner was sufficient to support a finding of gross negligence under this section. Wootten v. Dillard, 286 Or 129, 592 P2d 1021 (1979)

Law Review Citations

51 OLR 469, 471 (1972); 8 WLJ 38, 46, 47 (1972); 54 OLR 491-495 (1975); 13 WLJ 53 (1976); 16 WLR 125 (1979); 18 WLR 329 (1982)

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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