ORS 30.265
Scope of liability of public body, officers, employees and agents

  • liability in nuclear incident

(1)

Subject to the limitations of ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), every public body is subject to civil action for its torts and those of its officers, employees and agents acting within the scope of their employment or duties, whether arising out of a governmental or proprietary function or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598 (Car or van pools).

(2)

The sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 (Public body shall indemnify public officers) or 30.287 (Counsel for public officer) is an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive). The remedy provided by ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) is exclusive of any other action against any such officer, employee or agent of a public body whose act or omission within the scope of the officer’s, employee’s or agent’s employment or duties gives rise to the action. No other form of civil action is permitted.

(3)

If an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) alleges damages in an amount equal to or less than the damages allowed 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) or 30.273 (Limitations on liability of public bodies for property damage or destruction), the sole cause of action for a tort committed by officers, employees or agents of a public body acting within the scope of their employment or duties and eligible for representation and indemnification under ORS 30.285 (Public body shall indemnify public officers) or 30.287 (Counsel for public officer) is an action against the public body. If an action is filed against an officer, employee or agent of a public body, and the plaintiff alleges damages in an amount equal to or less than the damages allowed 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) or 30.273 (Limitations on liability of public bodies for property damage or destruction), the court upon motion shall substitute the public body as the defendant. Substitution of the public body as the defendant does not exempt the public body from making any report required under ORS 742.400 (Duty to report claim of professional negligence to licensing board).

(4)

If an action under ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) alleges damages in an amount greater than the damages allowed 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) or 30.273 (Limitations on liability of public bodies for property damage or destruction), the action may be brought and maintained against an officer, employee or agent of a public body, whether or not the public body is also named as a defendant. An action brought under this subsection is subject to the limitations on damages imposed 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) or 30.273 (Limitations on liability of public bodies for property damage or destruction), and the total combined amount recovered in the action may not exceed those limitations for a single accident or occurrence without regard to the number or types of defendants named in the action.

(5)

Every public body is immune from liability for any claim for injury to or death of any person or injury to property resulting from an act or omission of an officer, employee or agent of a public body when such officer, employee or agent is immune from liability.

(6)

Every public body and its officers, employees and agents acting within the scope of their employment or duties, or while operating a motor vehicle in a ridesharing arrangement authorized under ORS 276.598 (Car or van pools), are immune from liability for:

(a)

Any claim for injury to or death of any person covered by any workers’ compensation law.

(b)

Any claim in connection with the assessment and collection of taxes.

(c)

Any claim based upon the performance of or the failure to exercise or perform a discretionary function or duty, whether or not the discretion is abused.

(d)

Any claim that is limited or barred by the provisions of any other statute, including but not limited to any statute of ultimate repose.

(e)

Any claim arising out of riot, civil commotion or mob action or out of any act or omission in connection with the prevention of any of the foregoing.

(f)

Any claim arising out of an act done or omitted under apparent authority of a law, resolution, rule or regulation that is unconstitutional, invalid or inapplicable except to the extent that they would have been liable had the law, resolution, rule or regulation been constitutional, valid and applicable, unless such act was done or omitted in bad faith or with malice.

(7)

This section applies to any action of any officer, employee or agent of the state relating to a nuclear incident, whether or not the officer, employee or agent is acting within the scope of employment, and provided the nuclear incident is covered by an insurance or indemnity agreement under 42 U.S.C. 2210.

(8)

Subsection (6)(c) of this section does not apply to any discretionary act that is found to be the cause or partial cause of a nuclear incident covered by an insurance or indemnity agreement under the provisions of 42 U.S.C. 2210, including but not limited to road design and route selection. [1967 c.627 §§2,3,10; 1969 c.429 §1; 1975 c.609 §12; 1977 c.823 §2; 1981 c.490 §4; 1985 c.731 §31; 1987 c.705 §7; 1991 c.861 §1; 2005 c.22 §19; 2007 c.803 §4; 2011 c.270 §1]

Source: Section 30.265 — Scope of liability of public body, officers, employees and agents; liability in nuclear incident, https://www.­oregonlegislature.­gov/bills_laws/ors/ors030.­html.

Notes of Decisions

Public officers and employes are generally immune from liability for alleged negligence in planning and designing highways. Smith v. Cooper, 256 Or 485, 475 P2d 78 (1970); Leonard v. Jackson, 6 Or App 613, 488 P2d 838 (1971), Sup Ct review denied

Exception for tort claims by persons covered by workers’ compensation laws was constitutional. Edwards v. State Military Dept., 8 Or App 620, 494 P2d 891 (1972), Sup Ct review denied; Millspaugh v. Port of Portland, 65 Or App 389, 671 P2d 743 (1983), Sup Ct review denied; Taylor v. Lane County, 213 Or App 633, 162 P3d 356 (2007), Sup Ct review denied

Determination of whether public employee is acting in discretionary function or in ministerial function is a question of law to be decided by court. Weaver v. Lane County, 10 Or App 281, 499 P2d 1351 (1972)

Maintenance of highway is not “discretionary function or duty.” Lanning v. State Hwy. Comm., 15 Or App 310, 515 P2d 1355 (1973)

Decision to erect highway warning signs is discretionary function for which there is immunity under paragraph (2)(d). Turrini v. Gulick, 16 Or App 167, 517 P2d 1230 (1974), Sup Ct review denied

The act of selecting a site for a public gathering is a discretionary function for which no liability may attach; however, once selected the duty to maintain the site in a safe condition is a ministerial function for which liability may attach. Baker v. State Bd. of Higher Educ., 20 Or App 277, 531 P2d 716 (1975), Sup Ct review denied

Maintenance of its fairgrounds by the county was clearly a ministerial rather than a discretionary duty. Baker v. State Bd. of Higher Educ., 20 Or App 277, 531 P2d 716 (1975), Sup Ct review denied

Immunity from liability for claim in connection with assessment and collection of taxes encompasses any manifestation of power of taxation. Hall v. City of Hillsboro, 29 Or App 161, 562 P2d 597 (1977)

In suit under Oregon Tort Claims Act burden is on defendant to plead immunity, and plaintiff has no burden to plead in his complaint that conduct complained of is not immune from liability. Hulen v. City of Hermiston, 30 Or App 1141, 569 P2d 665 (1977)

The scope of a public employe’s or agent’s common law immunity and the immunity afforded by this section are the same. Pickett v. Washington County, 31 Or App 1263, 572 P2d 1070 (1977)

City decision holding up processing of pending applications for building permits in order to establish Design Review Committee was discretionary and thus demurrer to complaint alleging pecuniary damage from delay in processing was properly sustained. Robert Randall Co. v. City of Milwaukie, 32 Or App 631, 575 P2d 170 (1978)

Where large boulder which projected over shoulder of county roadway and onto traveled portion of road was consequence of initial design of road, placement of warning sign with respect to boulder was discretionary act, and county was immune from motorist’s suit alleging negligent failure to post warning sign. Mayse v. Coos County, 35 Or App 779, 583 P2d 7 (1978)

In wrongful death action resulting from auto collision at intersection designed and maintained by county and allegedly identified by county as hazardous condition for which county authorized minor changes in traffic control, allegations of plaintiffs complaint were not specific enough to determine whether county’s alleged delay in changes was conduct falling within discretionary act exception to this section. Moody v. Lane County, 36 Or App 231, 584 P2d 335 (1978)

Design and installation of traffic signals were discretionary acts, and city was immune from liability for collision which occurred at intersection where driver was able to see green as well as red light from his position. Gallison v. City of Portland, 37 Or App 145, 586 P2d 393 (1978), Sup Ct review denied

Operation or application of traffic signal constitutes exercise of discretionary function for which public bodies are immune. Morris v. Oregon State Transportation Comm. 38 Or App 331, 590 P2d 260 (1979)

County may be sued if it, or its officers, employes and agents acting within scope of their employment or duties, deprive person of any rights, privileges or immunities secured by United States Constitution. Rosacker v. Multnomah County, 43 Or App 583, 603 P2d 1216 (1979), Sup Ct review denied

In damage action for fraudulent misrepresentation, college personnel who assured student that certain material and equipment would be available for use in instruction were not performing immune “discretionary function.” Dizick v. Umpqua Community College, 287 Or 303, 599 P2d 444 (1979)

Police officer was not immune, as matter of law, from liability for conversion where jury could have found that he ate most of sturgeon which he seized under mistaken impression that it had been illegally caught, since such an act would not be within scope of his employment or duties. Dickens v. DeBolt, 288 Or 3, 602 P2d 246 (1979)

Fire chief was immune from any liability for inspection of movie theater, during regularly scheduled showing of movie, to discover fire safety violations as this was discretionary act within scope of his employment or duties. Disney-Marine Co., Inc. v. Webb, 47 Or App 985, 615 P2d 1125 (1980)

Where plaintiff, in action against county for death of her horses in fire while horses were stabled at county fairgrounds, alleged that county failed to equip barn with alarm system and adequate fire-fighting equipment, county’s decision on those matters was discretionary and it was immune from any liability for those failures. Dundas v. Lincoln County, 48 Or App 1025, 618 P2d 978 (1980)

Even if Children’s Services Division’s failure to follow required APA rulemaking procedures could constitute tort within meaning of Tort Claims Act, CSD was immune from tort liability where it terminated its benefit program without prior rulemaking procedures. Burke v. Children’s Services Division, 288 Or 533, 607 P2d 141 (1980)

Highway Division was not immune from liability for its arrangement of traffic lights and design of shielding for traffic lights. Stevenson v. State ex rel Dept. of Transportation, 290 Or 3, 619 P2d 247 (1980)

Alleged negligence of county’s employes in failing to inspect, maintain and repair steel grid surface of bridge was not discretionary act, immune from tort liability, even though technical expertise may have been required. Saracco v. Multnomah County, 50 Or App 145, 622 P2d 1118 (1981)

Immunity from liability for performance of discretionary duty is inapplicable to acts of employment discrimination. Clackamas Co. Fire Protection Dist. v. Bureau of Labor, 50 Or App 337, 624 P2d 141 (1981), Sup Ct review denied

Applicability of immunity for performance or nonperformance of discretionary act depends not on “discretionary” nature of overall function of public body, but degree of discretion, if any, allowed individual defendant whose immunity is at issue. Bradford v. Davis, 290 Or 855, 865 P2d 1376 (1981)

Acts of defendant, state agency, in issuing and overseeing certificate of approval for day care facility were not, as matter of law, discretionary, allowing immunity from liability under this section, absent showing that decisions were matters of policy. Brasel v. Childrens Services Div., 56 Or App 559, 642 P2d 696 (1982)

Immunity provision in former version of this section did not apply to city’s invalid attempt, by charter provision, to exempt itself from liability for its torts. Brookwell v. Frakes, 56 Or App 687, 642 P2d 1183 (1982), Sup Ct review denied

Tort Claims Act bars recovery for injuries suffered by prisoner shot by prison employes during riot. Albers v. Whitley, 546 F Supp 726 (1982)

Allegations that agency did not develop adequate procedures to implement underlying policy did not, on their face, pertain to discretionary governmental acts and trial court did not err by denying motion to strike. Pendergrass v. State of Oregon, 66 Or App 607, 675 P2d 505 (1984)

Parole Board is immune from tort liability for paroling inmate under statutory scheme existing at time of decisions in 1974 and 1977. Hendricks v. State, 67 Or App 453, 678 P2d 759 (1984), Sup Ct review denied

Failure of city to inspect and repair sidewalks is discretionary act and immune from liability. Sager v. City of Portland, 68 Or App 808, 684 P2d 600 (1984), Sup Ct review denied

Where agency authority to act is discretionary, agency has no mandatory duty to consider whether to take action. Miller v. Grants Pass Irrigation Dist., 297 Or 312, 686 P2d 324 (1984)

Where public body exercises consideration of alternative methods of fulfilling non-discretionary duty to act, body is immune to suit for failure to make discretionary choice among alternatives before injury occurred. Miller v. Grants Pass Irrigation Dist., 297 Or 312, 686 P2d 324 (1984)

Where allegation is that SAIF conspired with employer to eliminate worker’s entitlement to benefits, there is no discretionary act immunity. Crosby v. SAIF, 73 Or App 372, 699 P2d 198 (1985)

City’s failure to inspect sidewalk on which plaintiff fell was discretionary act and city was immune from liability for fall. Ramsey v. City of Salem, 76 Or App 29, 707 P2d 1295 (1985)

Employer of injured employe may not recover indemnity from alleged negligent public body when public body has no liability whatsoever to injured employe due to this section. Jones Oregon Stevedoring v. Port of Portland, 82 Or App 608, 729 P2d 582 (1986), Sup Ct review denied

Where plaintiff sued county, claiming court clerk negligently failed to docket divorce decree and accompanying property settlement agreement as judgment, clerk and county were protected by judicial immunity because clerk was acting under instructions of judge in proper judicial capacity. Praggastis v. Clackamas County, 87 Or App 378, 742 P2d 669 (1987), aff’d 305 Or 419, 752 P2d 302 (1988)

In absence of evidence that decision regarding installation of warning signs at intersection was made as policy judgment by person or body with governmental discretion, decision is not immune from liability. Little v. Wimmer, 303 Or 580, 739 P2d 564 (1987)

APA provided exclusive procedure for review, where alleged tort liability was premised on finding that Highway Division’s order in other than contested case was improper. Clarke Electric, Inc. v. State Highway Division, 93 Or App 693, 763 P2d 1199 (1988)

Exemption from liability for claims of injury or death by person covered under workers’ compensation law does not violate Privileges and Immunities Clause of Oregon Constitution. Jungen v. State of Oregon, 94 Or App 101, 764 P2d 938 (1988), Sup Ct review denied

This section does not violate section 20, Article I, Oregon Constitution. Ward v. Romig, 101 Or App 235, 790 P2d 44 (1990); Gunn v. Lane County, 173 Or App 97, 20 P3d 247 (2001), Sup Ct review denied

Actions of employee who fails to follow official policy are not immune as performance of discretionary function or duty. Egner v. City of Portland, 103 Or App 623, 798 P2d 721 (1990)

City ordinances that imposed concomitant responsibility and liability on abutting property owners do not relieve city of liability for nondiscretionary duty to maintain visibility of stop sign. Pritchard v. City of Portland, 310 Or 235, 796 P2d 1184 (1990)

Police officer’s decision to pursue vehicle was not policy judgment that would render decision discretionary and immune from liability. Lowrimore v. Dimmitt, 310 Or 291, 797 P2d 1027 (1990); Dee v. Pomeroy, 109 Or App 114, 818 P2d 523 (1991); Hawkins v. City of La Grande, 315 Or 57, 843 P2d 400 (1992)

When statute is discretionary by its terms, public entity is immune from liability if entity does not take action pursuant to statute. Fielding v. Heiderich, 113 Or App 280, 832 P2d 1244 (1992)

Where claim included allegations of negligence in city’s implementation or performance of inspection and maintenance program, discretionary immunity did not apply. Tozer v. City of Eugene, 115 Or App 464, 838 P2d 1104 (1992)

Statute expressly retains state’s immunity from tort for claims alleging unconstitutional taxation. Anderson v. Dept. of Rev., 313 Or 1, 828 P2d 1001 (1992)

Where principal was acting as responsible policy-making official, decisions concerning number and location of security personnel within high school were classic policy choices entitled to discretionary immunity. Mosley v. Portland School Dist. No. 1J, 315 Or 85, 843 P2d 415 (1992)

Probation officer entitled to judicial immunity against negligent supervision claim because officer carried out directive of court and acted within authority granted by court. Jones-Clark v. Severe, 118 Or App 270, 846 P2d 1197 (1993)

Worker was entitled to pursue employment related intentional tort claim against state even though worker was person covered by workers’ compensation coverage. Moustachetti v. State of Oregon, 122 Or App 598, 858 P2d 487 (1993), aff’d on other grounds, 319 Or 319, 877 P2d 66 (1994)

City was immune from negligence claim based on failure to develop inspection and maintenance program. Bakr v. Elliott, 125 Or App 1, 864 P2d 1340 (1993), Sup Ct review denied

Ordinance providing for indemnity by joint tortfeasor did not constitute illegal grant of immunity to local government where indemnity obligation under ordinance included amount of any contribution payable by local government to joint tortfeasor who was indemnity obligor. Simons v. City of Portland, 132 Or App 74, 887 P2d 824 (1994)

Allegation of same facts underlying workers’ compensation claim did not create employer immunity to tort claim for separate injury. Moustachetti v. State of Oregon, 319 Or 319, 877 P2d 66 (1994)

General maritime law does not preempt or abrogate state sovereign immunity. Ortega v. Port of Portland, 147 Or App 489, 936 P2d 1037 (1997)

Grant of immunity is constitutional where plaintiff is not left wholly without remedy for injury. Brentano v. Marion County, 150 Or App 538, 946 P2d 705 (1997); Gunn v. Lane County, 173 Or App 97, 20 P3d 247 (2001), Sup Ct review denied

Public body immunity from liability applies only to financial liability for damages and does not preclude grant of injunctive relief against public body. Penland v. Redwood Sanitary Sewer Service Dist., 327 Or 1, 956 P2d 964 (1998)

Existence of common law nuisance may permit injunctive relief against public body, but does not overcome immunity given public body for discretionary acts. Mark v. Dept. of Fish and Wildlife, 158 Or App 355, 974 P2d 716 (1999), Sup Ct review denied

Judicial immunity does not apply where jurisdiction is absent, but does apply where jurisdiction exists and is erroneously exercised. Heusel v. Multnomah County District Attorney’s Office, 163 Or App 51, 989 P2d 465 (1999)

To qualify for discretionary immunity, government function or duty must result from exercise of judgment involving public policy by public body or person with authority or responsibility to make policy choice. Ramirez v. Hawaii T and S Enterprises, Inc., 179 Or App 416, 39 P3d 931 (2002), Sup Ct review denied

Public body immunity provided by workers’ compensation coverage applies for claims arising from type of common law legal injury or wrong for which legislature intended coverage to provide substitute remedy. Stone v. Finnerty, 182 Or App 452, 50 P3d 1179 (2002), modified 184 Or App 111, 55 P3d 531 (2002), Sup Ct review denied

Where workers’ compensation law provides remedy for type of legal injury or wrong suffered, public body is immune from liability notwithstanding that certain types of damage arising out of legal injury or wrong are not compensable under workers’ compensation law. Stone v. Finnerty, 182 Or App 452, 50 P3d 1179 (2002), modified 184 Or App 111, 55 P3d 531 (2002), Sup Ct review denied

Discretionary immunity defense requires evidence regarding actual consideration process by which decision was reached. Sande v. City of Portland, 185 Or App 262, 59 P3d 595 (2002)

Decision is discretionary decision entitled to immunity if within nature and scope of duties delegated to decision maker, regardless of office or level of position held by decision maker. Garrison v. Deschutes County, 334 Or 264, 48 P3d 807 (2002)

Limitation on cause of action for tort committed by employee of public body does not, on its face, violate provisions of Oregon Constitution regarding remedy for injury, trial by jury or granting of privileges and immunities. Jensen v. Whitlow, 334 Or 412, 51 P3d 599 (2002)

Waiver of state immunity against suit does not waive prohibition under United States Constitution against person suing own state in federal court. Estate of Pond v. Oregon, 322 F. Supp. 2d 1161 (D. Or. 2004)

Public body is immune from claims covered by workers’ compensation law regardless of whether public body was employer of injured party. Taylor v. Lane County, 213 Or App 633, 162 P3d 356 (2007), Sup Ct review denied

Determination that existing policy has been complied with is not policy decision entitled to discretionary immunity. John v. City of Gresham, 214 Or App 305, 165 P3d 1177 (2007)

Whether limited recovery against public body is adequate substitute for common law action against public employee is subject to “as applied” comparison between recovery limit and amount of damages recoverable at common law. Clarke v. Oregon Health Sciences University, 343 Or 581, 175 P3d 418 (2007)

For public body to be subject to tort for actions of agent, public body must have same ability to control physical details of agent performance that public body has to control physical details of employee performance. Vaughn v. First Transit, Inc., 346 Or 128, 206 P3d 181 (2009)

If plaintiff is injured by person in scope of that person’s duties as employee of more than one public body, then plaintiff can bring action against each employer. Ackerman v. OHSU Medical Group, 233 Or App 511, 227 P3d 744 (2010)

This section provides immunity to public actor who, without bad faith or malice, relies on public actor’s plausible interpretation of law where interpretation ultimately is unconstitutional, invalid or inapplicable. Thus, where defendants, county and county sheriff’s office, detained plaintiff for 38 hours based on defendants’ interpretation of 8C.F.R. 287.7(d) as mandate, this section provides immunity to defendants. Cruz v. Multnomah County, 279 Or App 1, 381 P3d 856 (2016)

Department of Human Services employee decisions to remove child from grandparents and place child in protective custody were not actions entitled to discretionary immunity because actions neither involved creation of governmental policy nor were actions of employee who is required to apply otherwise protected policy choice, but rather were no more than determination of facts and simple cause-and-effect relationships. Nathan v. Dept. of Human Services, 288 Or App 554, 407 P3d 857 (2017)

Plaintiff’s claims against Department of Human Services for failure to protect plaintiff against abuse while in foster care may proceed despite defendant’s claim that statute of ultimate repose, ORS 12.115, and two-year statute of limitations, this section, barred plaintiff’s claims; because ORS 12.117, which specifies different limitation period for claims related to child abuse, is exception to statute of ultimate repose, and because ORS 30.275 does not nullify ORS 12.117, this section does not provide immunity from liability for child abuse claims. Sherman v. Dept. of Human Services, 368 Or 403, 492 P3d 31 (2021)

Attorney General Opinions

Public agency’s liability for injury to member of public during evacuation drill at Trojan nuclear plant, (1980) Vol 40, p 180; Costs of defending and indemnifying county-funded staffs of district attorneys and circuit and district court judges under state Tort Liability Program, (1980) Vol 41, p 90; inapplicability of constitutional provision requiring payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

22 WLR 147 (1986); 23 WLR 493, 507 (1987); 67 OLR 859 (1988); 74 OLR 379 (1995); 38 WLR 657 (2002)

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
Green check means up to date. Up to date