2017 ORS 31.620¹
Doctrines of last clear chance and implied assumption of risk abolished

(1) The doctrine of last clear chance is abolished.

(2) The doctrine of implied assumption of the risk is abolished. [Formerly 18.475]

(formerly 18.475)

Notes of Decisions

This sec­tion prohibited the defendant from successfully arguing that he owed the plaintiff no duty where the plaintiff volunteered to help set a mobile home on a founda­tion for the benefit and under the direc­tion of the defendant, and the jury found the method used to be neg­li­gent. Thompson v. Weaver, 277 Or 299, 560 P2d 620 (1977)

In products liability ac­tion, manufacturer was barred by this sec­tion from raising de­fense of actual assump­tion of risk. Hornbeck v. Western States Fire Apparatus, 280 Or 647, 572 P2d 620 (1977)

Prior to adop­tion of this sec­tion, assump­tion of risk constituted “superseding proximate cause of injury,” notwithstanding strict liability. Brown v. Link Belt Corp., 565 F2d 1107 (1977)

Even though doctrine of implied assump­tion of risk is abolished by this sec­tion, legislative intent is that con­duct which is sometimes labeled assump­tion of risk but which is subspecies of contributory negligence can be compared, under [former] ORS 18.470, in appor­tioning damages. Baccelleri v. Hyster Co., 287 Or 3, 597 P2d 351 (1979)

Since this sec­tion has abolished the doctrine of assump­tion of risk in every sense, separate instruc­tion, focusing on plaintiff’s implied assump­tion of the risk, was improper. Blair v. Mt. Hood Meadows Develop­ment Corp., 291 Or 293, 630 P2d 827 (1981), as modified by 291 Or 703, 634 P2d 241 (1981)

As result of aboli­tion of implied assump­tion of risk, “fireman’s rule” is abolished as rule of law and no longer can bar recovery of damages for per­sonal injuries sustained by public safety of­fi­cer, in course of employ­ment, as a result of defendant’s neg­li­gent con­duct; overruling Spencer v. B.P. John Furniture Corp., 255 Or 359, 467 P2d 429 (1970). Christensen v. Murphy, 296 Or 610, 678 P2d 1210 (1984)

Law Review Cita­tions

21 WLR 357 (1985)

1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2017) (last ac­cessed Mar. 30, 2018).
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.