Admissibility of data or agreements as evidence
- • immunity from certain causes of action
(1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner’s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building’s failure due to seismic activity.
(2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner’s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.
(3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 §2]
Note: See note under 455.390 (Definitions for ORS 455.020, 455.390, 455.395 and 455.400).
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