Oregon · statute · Or. Rev. Stat. ch. 31 · 54 active provisions
(1) A defendant may make a special motion to strike against a claim in a civil action described in subsection (2) of this section. The court shall grant the motion unless the plaintiff establishes in the manner provided by subsection (4) or (5) of this section that there is a probability that the plaintiff will prevail…
(1) A special motion to strike under ORS 31.150 must be filed within 60 days after the service of the complaint or, in the court’s discretion, at any later time. A hearing shall be held on the motion not more than 30 days after the filing of the motion unless the docket conditions of the court require a later hearing.…
(1) ORS 31.150 and 31.152 do not apply to an action brought by the Attorney General, a district attorney, a county counsel or a city attorney acting in an official capacity. (2) ORS 31.150 and 31.152 create a procedure for seeking dismissal of claims described in ORS 31.150 (2) and do not affect the substantive law gov…
(1) It is a complete defense in any civil action for personal injury or wrongful death that: (a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and (b) The felonious conduct was a substantial factor contributing to the injury or de…
(1) The owner, licensee or operator of a radio or television broadcasting station, and the agents or employees of the owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in a radio or television broadcast, by one other than the owner, licensee or operator,…
Except as provided in ORS 31.210, in an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff may recover any general and special damages that, by competent evidence, th…
(1) In an action for damages on account of a defamatory statement published or broadcast in a printed or electronic newspaper, magazine or other periodical, or by radio, television or motion pictures, the plaintiff shall not recover general damages unless: (a) A correction or retraction is demanded but not published as…
(1) The demand for correction or retraction shall be in writing, signed by the defamed person or the attorney of the person and be delivered to the publisher of the defamatory statement, either personally, by registered mail or by certified mail with return receipt at the publisher’s place of business or residence with…
A correction or retraction published prior to notice of demand therefor shall have the same effect as a correction or retraction after demand, if the requirements of ORS 31.215 (2), (3) and (4) are substantially complied with.
Nothing in ORS 31.205 to 31.220 shall be deemed to affect any defense or privilege which the publisher may possess by virtue of existing law. [Formerly 30.175] (Wrongful Use of Civil Proceeding)
(1) In order to bring a claim for wrongful use of a civil proceeding against another, a person shall not be required to plead or prove special injury beyond the expense and other consequences normally associated with defending against unfounded legal claims. (2) The filing of a civil action within 60 days of the runnin…
(1) In any action described in subsection (6) of this section, all parties to the action and their attorneys must participate in some form of dispute resolution within 270 days after the action is filed unless: (a) The action is settled or otherwise resolved within 270 days after the action is filed; or (b) All parties…
As used in ORS 31.260 to 31.278: (1) “Adverse health care incident” means an objective, definable and unanticipated consequence of patient care that is usually preventable and results in the death of or serious physical injury to the patient. (2) “Health care facility” has the meaning given that term in ORS 442.015. (3…
(1)(a) When an adverse health care incident occurs in a health care facility or a location operated by a health care facility, the health care facility may file a notice of adverse health care incident with the Oregon Patient Safety Commission in the form and manner provided by the commission by rule. (b) If a health c…
(1) A health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 and the patient involved in the incident may engage in a discussion regarding the incident within the time established by the Oregon Patient Safety Commission by rule. (2) The heal…
(1) As used in this section, “discussion communication” means: (a) All communications, written and oral, that are made in the course of a discussion under ORS 31.264; and (b) All memoranda, work products, documents and other materials that are prepared for or submitted in the course of or in connection with a discussio…
(1) If a discussion under ORS 31.264 does not result in the resolution of an adverse health care incident, the patient and the health care facility or health care provider who files or is named in a notice of adverse health care incident filed under ORS 31.262 Act may enter into mediation. (2) The Oregon Patient Safety…
(1) A payment made to a patient under ORS 31.264 or as a result of a mediation under ORS 31.268 is not a payment resulting from a written claim or demand for payment. (2) A health care provider or health care facility may require the patient to execute all documents and obtain any necessary court approval to resolve an…
(1) The provisions of ORS 31.264 and 31.268 relating to discussion and mediation do not prevent a patient from bringing a civil action for negligence unless the patient signed a release of the claim. (2) The statute of limitations applicable to a negligence claim is tolled for 180 days, or another period agreed upon by…
(1) A patient who is a minor, is deceased or has been medically confirmed by the patient’s treating physician to be incapable of making decisions for purposes of ORS 31.260 to 31.278 may be represented for purposes of ORS 31.260 to 31.278 by the first of the persons, in the following order of priority, who can be locat…
(1) The Oregon Patient Safety Commission shall make rules establishing requirements and procedures as necessary to implement ORS 31.260 to 31.278, including, but not limited to: (a) Procedures for filing a notice of adverse health care incident under ORS 31.262 and for conducting discussions and mediations under ORS 31…
(1) The Oregon Patient Safety Commission may disseminate information relating to a notice of adverse health care incident filed under ORS 31.262 to the public and to health care providers and health care facilities not involved in the adverse health care incident as necessary to meet the goals described in ORS 31.276.…
(1) As used in this section, “design professional” means an architect, landscape architect, professional engineer or professional land surveyor registered under ORS chapter 671 or 672 or licensed to practice as an architect, landscape architect, professional engineer or professional land surveyor in another state. (2)…
(1) As used in this section, “real estate licensee” has the meaning given that term in ORS 696.010. (2) A complaint, cross-claim, counterclaim or third-party complaint asserting a claim of professional negligence against a real estate licensee for conduct occurring within the course and scope of the professional real e…
(1) For the purpose of establishing a claim for economic damages, as defined in ORS 31.705, in an action arising from an injury caused by a dog: (a) The plaintiff need not prove that the owner of the dog could foresee that the dog would cause the injury; and (b) The owner of the dog may not assert as a defense that the…