Or. Rev. Stat. § 31.760
Evidence of nonuse of safety belt or harness to mitigate damages
Oregon · Oregon Revised Statutes Chapter 31 — Tort Actions · Status: effective
Cite this
- Citation
- Or. Rev. Stat. § 31.760, Evidence of nonuse of safety belt or harness to mitigate damages, Oregon, version 1 as recorded 2026-10-04, yourstate.us, https://yourstate.us/provision/2449867
- Permanent ID
ys:prov:2449867@1- SHA-256
95b62c0db524a608c08ac4ead227d9792030e1cd725b497494fb44d8f6d2be95
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.
(2) Subsection (1) of this section shall not apply to:
(a) Actions brought under ORS 30.900 to 30.920; or
(b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
(Calculation of Future Earning Potential)