Top 10 Personal Injury Laws for Oregon Residents
Oregon personal injury law is based on the principles of negligence, where you have to establish three elements: duty of care, breach of that duty, and causation. Personal injury law provides you with the opportunity to seek justice and compensation for your injuries due to the negligence of another party.
Personal Injury Laws in Oregon
Personal injury law encompasses various types of cases where individuals seek compensation for injuries and damages caused by the negligence or wrongful actions of others. Here are some common types of personal injury laws in Oregon you must know:
1. Statute of Limitations (ORS 12.110)
The Statute of Limitations in Oregon, specifically ORS 12.110, governs the time frame within which a personal injury claim must be filed in court. Under this statute, individuals have a period of two years from the date of the injury or the date on which they discovered the injury to initiate their legal proceedings. [1]
This prevents the indefinite threat of lawsuits, encourages the timely resolution of disputes, and ensures that evidence remains fresh while witnesses are still available.
Importantly, the two-year limitation affects various types of personal injury cases, including those resulting from motor vehicle accidents, slip and falls, and medical malpractice.
ORS 12.110 also allows for certain circumstances where the time limit may be tolled, which means that the time period may be paused or extended. For example, if the injured party is a minor or if the injured person is deemed mentally incapacitated, the two-year limitation may be extended until the legal disability is resolved.
2. Comparative Negligence (ORS 31.600)
Comparative negligence is a legal principle that allocates fault in personal injury cases, allowing victims to recover damages based on the percentage of fault.
In Oregon, modified comparative negligence law (ORS 31.600) permits plaintiffs to recover damages as long as they are not more than 50% at fault for the incident. Under this system, if they are found to be 30% at fault for their injuries, they can recover 70% of the total damages awarded. [2]
3. Motor Vehicle Laws (ORS 806.070), (ORS 742.502)
In Oregon, motor vehicle laws are vital for regulating auto insurance and ensuring that drivers are adequately covered in the event of an accident. According to ORS 806.070, all drivers must maintain a minimum level of liability insurance.
It mandates that drivers carry coverage for bodily injury and property damage, establishing a financial safety net for those harmed in motor vehicle accidents.
The minimum required liability coverage includes $25,000 for injury or death to one person, $50,000 for injuries or death to multiple people, and $20,000 for property damage. [4]
In addition, ORS 742.502 addresses the requirements for uninsured and underinsured motorist coverage, ensuring that individuals are protected even when the at-fault party lacks sufficient insurance.
This statute requires that all auto insurance policies offer optional coverage for injuries caused by uninsured or underinsured drivers, offering an added layer of protection for policyholders. [5]
4. Premises Liability (ORS 105.682)
Premises liability in Oregon is governed by ORS 105.682, which outlines the responsibilities of property owners to ensure the safety of their premises for visitors.
Under this statute, property owners may be held liable for injuries sustained by individuals while on their property if those injuries arise from unsafe conditions that the owner knew or should have known about and failed to remedy. [6]
Premises liability encompasses various types of properties, including residential, commercial, and public facilities, emphasizing the obligation to maintain safe environments for all lawful visitors, such as customers, guests, and tenants. Common examples of premises liability claims include slip and fall accidents due to wet floors, inadequate lighting, or poorly maintained walkways.
ORS 105.682 establishes a framework for determining liability based on the status of the visitor. It delineates different standards of care owed to invitees, licensees, and trespassers, reflecting the varying degrees of responsibility property owners have toward different types of individuals on their property.
For instance, the highest duty of care is owed to invitees, who enter the property for the owner’s benefit, requiring property owners to take reasonable steps to prevent foreseeable risks. In contrast, the duty is lower for trespassers.
5. Dog Bite Laws (ORS 609.115)
In Oregon, dog bite laws are primarily governed by ORS 609.115, which outlines the responsibilities of dog owners regarding their pets and the standards for liability when a dog injures another person.
Under this statute, dog owners can be held strictly liable for injuries caused by their dogs if the dog has previously exhibited dangerous behavior or if the bite occurs while the person is lawfully on public property or lawfully in a private location. [7]
Oregon law also provides certain exceptions that could limit the owner’s liability, such as if the dog was provoked or if the victim was trespassing.
6. Product Liability (ORS 30.920)
Product liability in Oregon is governed by ORS 30.920, which establishes the legal framework for holding manufacturers, distributors, and sellers accountable for injuries or damages caused by defective or dangerous products.
It outlines the responsibilities of parties involved in the supply chain and allows consumers who are injured by a product to pursue legal action if that product is found to be unreasonably dangerous due to design defects, manufacturing defects, or inadequate warnings or instructions. [8]
The statute supports strict liability claims, meaning that plaintiffs do not necessarily have to prove negligence; they only need to show that the product was defective and caused harm. It is designed to promote accountability within the marketplace, compelling manufacturers and sellers to prioritize consumer safety throughout the product life cycle.
7. Medical Malpractice (ORS 12.110(4))
In Oregon, medical malpractice claims establish the legal framework for pursuing compensation when healthcare providers fail to meet the standard of care, resulting in injury or harm to a patient. [9]
A medical malpractice claim in Oregon must demonstrate that the healthcare professional acted negligently, meaning they did not provide the level of care that a reasonably competent provider would have offered under similar circumstances.
Diagnosis, treatment, or post-operative care that leads to significant patient harm or worsened health conditions can all qualify as medical malpractice. Establishing negligence is a critical element in these cases, as it forms the basis for holding healthcare providers accountable.
The law emphasizes that victims must file their claims within two years from the date of the alleged malpractice or from when the injury was discovered. This framework is essential to ensure the timely resolution of medical malpractice disputes while preventing stale claims that could complicate the legal process.
8. Wrongful Death (ORS 30.020)
Wrongful death, as defined under ORS 30.020, occurs when someone’s negligent actions lead to another person’s death, leaving their family to bear the emotional and financial consequences.
The loss profoundly impacts family members, who face not only grief but also the potential loss of income, companionship, and support. Compensation in these cases aims to address these losses, providing financial relief for medical expenses, funeral costs, and the loss of future earnings.
The surviving spouse, children, parents, and any other individuals entitled to inherit the decedent’s personal property under the intestate succession laws of the decedent’s state of domicile, as well as any stepchild or stepparent, regardless of their entitlement to inherit, may file a lawsuit against the wrongdoer.
This legal action must be initiated within three years from the date the injury leading to the decedent’s death is discovered. [10]
9. Workers' Compensation (ORS Chapter 656)
Workers’ compensation in Oregon is governed by ORS Chapter 656, which provides a system for compensating employees who experience work-related injuries or illnesses. This legislation guarantees that injured workers receive necessary medical care and compensation for lost wages without needing to prove fault. [11]
All employees, including part-time and seasonal workers, are eligible for benefits that encompass medical expenses, temporary disability payments, permanent disability compensation, and death benefits for dependents of workers who die due to work-related incidents.
The claims process involves notifying the employer of the injury, submitting a claim to the worker’s compensation insurer, and undergoing an investigation to determine eligibility for benefits. Employers are required to carry workers’ compensation insurance and maintain a safe workplace, while employees are protected from retaliation for filing claims.
10. Government Liability Laws (Oregon Tort Claims Act, ORS 30.260-30.300)
Government liability laws, such as the Oregon Tort Claims Act (ORS 30.260 – 30.300), fundamentally differ from standard negligence laws in the context of personal injury claims.
While negligence laws generally allow individuals to recover damages for harm caused by another’s failure to act responsibly, government entities often enjoy sovereign immunity. This legal doctrine protects them from lawsuits unless they explicitly waive this immunity. [12]
Under the Oregon Tort Claims Act, individuals injured due to government negligence can seek compensation; however, specific limitations apply. Claims must often adhere to a shorter Statute of Limitations.
Individuals pursuing tort claims against a public body for personal injury must provide written notice of their claims within 180 days of the incident. In case of wrongful death, individuals have a one-year time limit to provide notice of claim. [13] The amount of compensation is also capped at specific damage limits. [14]
Contact the Oregon personal injury attorneys at Goldberg & Loren for a free consultation regarding filing a personal injury claim and seeking justice and compensation for your injury.
Sources:
[1] ORS 12.110 – Actions for certain injuries to person not arising on contract. (n.d.-r). https://oregon.public.law/statutes/ors_12.110
[2] ORS 31.600 – Contributory negligence not bar to recovery. (n.d.-j). https://oregon.public.law/statutes/ors_31.600
[3] ORS 806.070 – Minimum payment schedule. (n.d.). https://oregon.public.law/statutes/ors_806.070
[4] Oregon Department of Transportation : Insurance Requirements : Oregon Driver & Motor Vehicle Services : State of Oregon. (n.d.-b). Insurance Requirements : Oregon Department of Transportation. https://www.oregon.gov/odot/dmv/pages/driverid/insurance.aspx
[5] ORS 742.502 – Uninsured motorist coverage. (n.d.-b). https://oregon.public.law/statutes/ors_742.502
[6] ORS 105.682 – Liabilities of owner of land used by public for recreational purposes, gardening, woodcutting or harvest of special forest products. (n.d.). https://oregon.public.law/statutes/ors_105.682
[7] ORS 609.115 – Liab. for injury or property damage caused by potentially dangerous dog. (n.d.). https://oregon.public.law/statutes/ors_609.115
[8] ORS 30.900 – “Product liability civil action” defined. (n.d.). https://oregon.public.law/statutes/ors_30.900
[9] Medical Malpractice. (n.d.). https://www.osbar.org/public/legalinfo/1276_MedicalMalpractice.htm
[10] ORS 30.020 – Action for wrongful death. (n.d.). https://oregon.public.law/statutes/ors_30.020
[11] ORS Chap. 656 – Workers’ Compensation. (n.d.). https://oregon.public.law/statutes/ors_chapter_656
[12] ORS 30.260 – Definitions for ORS 30.260 to 30.300. (n.d.). https://oregon.public.law/statutes/ors_30.260
[13] ORS 30.275 – Notice of claim. (n.d.-c). https://oregon.public.law/statutes/ors_30.275
[14] TORT CLAIMS TABLE OF LIABILITY LIMITS. (n.d.). In TORT CLAIMS TABLE OF LIABILITY LIMITS. https://www.courts.oregon.gov/Documents/Table-of-Liability-Limits.pdf
