ORS 477.090¹
Civil liability
  • damages

In addition to the penalties otherwise provided by law, the United States, state, political subdivision or private owners whose property is injured or destroyed by fires in violation of ORS 526.041 (General duties of State Forester) or this chapter may recover in a civil action double the amount of damages suffered if the fires occurred through willfulness, malice or negligence. Persons causing fires by violation of any of the provisions of the statutes enumerated in this section are liable in an appropriate action for the full amount of all expenses incurred in fighting such fires. [Formerly 477.310; 1971 c.743 §384; 1987 c.919 §18]

Notes of Decisions

Liability under ORS 477.068 (Liability for cost of abatement) for firefighting costs does not constitute exclusive remedy precluding suit for damages. Henderson v. Nielsen, 127 Or App 109, 871 P2d 495 (1994), Sup Ct review denied

Law Review Cita­tions

19 WLR 780 (1983)

1 Legislative Counsel Committee, CHAPTER 477—Fire Protection of Forests and Vegetation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­477.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 477, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­477ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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.
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