2017 ORS 31.805¹
Basis for proportional shares of tortfeasors

(1) The proportional shares of tortfeasors in the entire liability shall be based upon their relative degrees of fault or responsibility. In contribution actions arising out of liability under ORS 31.600 (Contributory negligence not bar to recovery), the proportional share of a tortfeasor in the entire liability shall be based upon the tortfeasor’s percentage of the common negligence of all tortfeasors.

(2) If equity requires, the collective liability of some as a group shall constitute a single share. Principles of equity applicable to contribution generally shall apply. [Formerly 18.445]

(formerly 18.445)

Notes of Decisions

Where complaint alleges that insurance company paid more than its propor­tionate share of common liability and had right to seek contribu­tion from joint insurer but did not allege that insurer discharged liability, pleading is not sufficient and trial court did not err in dismissing contribu­tion claim. Aetna Casualty & Surety Co. v. OHSU, 96 Or App 292, 773 P2d 1320 (1989), aff’d 310 Or 61, 793 P2d 320 (1990)

Liability is appor­tioned among joint tortfeasors, not by alloca­tion of proximate cause or physical cause, but by allocating cause-in-fact fault based on relative magnitude of defect. Ingram v. Acands, Inc., 977 F2d 1332 (1992)

Once plaintiff presented evidence asbestos product was present in workplace, it was for jury to determine whether product was cause-in-fact of plaintiff’s injuries, notwithstanding lack of particularized proof of frequency, regularity and proximity of contact. Ingram v. Acands, Inc., 977 F2d 1332 (1992)

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.