Statute Text
Limitations on liability of state for personal injury and death.
(1) The limitations imposed by
this section apply to claims that:
(a) Are subject
to ORS 30.260 to 30.300;
(b) Are made
against the state, or against an officer, employee or agent of the state acting
within the persons scope of employment or duties;
(c) Arise out of
a single accident or occurrence; and
(d) Are not
claims for damage to or destruction of property.
(2) The liability
of the state, and the liability of the states officers, employees and agents
acting within the scope of their employment or duties, to any single claimant
for claims described in subsection (1) of this section may not exceed:
(a) $1.5 million,
for causes of action arising on or after December 28, 2007, and before July 1,
2010.
(b) $1.6 million,
for causes of action arising on or after July 1, 2010, and before July 1, 2011.
(c) $1.7 million,
for causes of action arising on or after July 1, 2011, and before July 1, 2012.
(d) $1.8 million,
for causes of action arising on or after July 1, 2012, and before July 1, 2013.
(e) $1.9 million,
for causes of action arising on or after July 1, 2013, and before July 1, 2014.
(f) $2 million,
for causes of action arising on or after July 1, 2014, and before July 1, 2015.
(g) The adjusted
limitation provided by subsection (4) of this section, for causes of action
arising on or after July 1, 2015.
(3) The liability
of the state, and the liability of the states officers, employees and agents
acting within the scope of their employment or duties, to all claimants for
claims described in subsection (1) of this section may not exceed:
(a) $3 million,
for causes of action arising on or after December 28, 2007, and before July 1,
2010.
(b) $3.2 million,
for causes of action arising on or after July 1, 2010, and before July 1, 2011.
(c) $3.4 million,
for causes of action arising on or after July 1, 2011, and before July 1, 2012.
(d) $3.6 million,
for causes of action arising on or after July 1, 2012, and before July 1, 2013.
(e) $3.8 million,
for causes of action arising on or after July 1, 2013, and before July 1, 2014.
(f) $4 million,
for causes of action arising on or after July 1, 2014, and before July 1, 2015.
(g) The adjusted
limitation provided by subsection (4) of this section, for causes of action
arising on or after July 1, 2015.
(4) Beginning in
2015, and every year thereafter, the State Court Administrator shall determine
the percentage increase or decrease in the cost of living for the previous
calendar year, based on changes in the Consumer Price Index for All Urban
Consumers, West Region (All Items), as published by the Bureau of Labor
Statistics of the United States Department of Labor. On or before July 1 of the
year in which the State Court Administrator makes the determination required by
this subsection, the State Court Administrator shall adjust the limitations
imposed under subsections (2) and (3) of this section for the following
calendar year by multiplying the limitation amounts applicable to the calendar
year in which the adjustment is made by the percentage amount determined under
this subsection. The adjustment may not exceed three percent for any year. The
State Court Administrator shall round the adjusted limitation amount to the
nearest $100, but the unrounded amount shall be used to calculate the
adjustments to the limitations in subsequent calendar years. The adjusted
limitation becomes effective on July 1 of the year in which the adjustment is
made, and applies to all causes of action arising on or after July 1 of that
year and before July 1 of the subsequent year.
(5) The
limitations imposed by this section apply to claims against Oregon Health and
Science University.
(6) The
limitations imposed by this section apply to claims against the State Fair
Council. [2009 c.67 §3; 2015 c.589 §1; 2019 c.12 §1]
Note:
See note under 30.269.