2015 ORS 477.410¹
Liability of parties
  • responsibility for equipment
  • unemployment insurance and workers’ compensation
  • sovereign immunity

(1) Unless otherwise provided in a contract or agreement, and except as provided in subsection (2) of this section:

(a) A party to a contract or agreement under ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities), who is performing services for the benefit of another party, is not liable for injury or damages to persons or property inflicted by the actions of such other party.

(b) If equipment is loaned or leased pursuant to a contract or agreement under ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities), the party to have primary use of the equipment under the contract or agreement is responsible for any and all damages or loss to such equipment or for insuring the equipment against loss or damage in a manner acceptable to the party owning the equipment.

(c) If the services of personnel are involved pursuant to a contract or agreement under ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities), the party to have primary control over such personnel under the contract or agreement shall provide such unemployment insurance and workers’ compensation coverage as may be required by law.

(2) Nothing in ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities) to 477.412 (Disposition and use of moneys received by forester under contract or agreement) or in any contract or agreement under ORS 477.406 (Cooperative contracts or agreements for forest protection or forest related activities) constitutes a waiver by the State of Oregon of its immunity from suit under section 24, Article IV of the Oregon Constitution, in addition to any waiver otherwise provided by law. [1967 c.429 §27]


1 Legislative Counsel Committee, CHAPTER 477—Fire Protection of Forests and Vegetation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors477.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
 
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.