Oregon Revised Statutes Chapter 30 § 30.300 — for the purposes of ORS 278.120

for the purposes of ORS 278.120. (4) Notwithstanding ORS 30.260 to 30.300: (a) In no event shall the liability of the department or the authority under this section exceed $5,000 for any number of claims arising out of a single occurrence; (b) The liability of the department and the authority under this section is limited to economic damages, and in no event shall the department or the authority be liable for noneconomic damages; (c) The department and the authority are liable under this section only to the extent the loss is not covered by other insurance; and (d) No claim shall be allowed under this section unless written notice of the claim is delivered to the Oregon Department of Administrative Services within 90 days after the alleged loss or injury. (5) The department and the authority are not liable under this section for: (a) Damage to or destruction of currency, securities or any other intangible property; (b) The unexplained disappearance of any property; or (c) Loss or damage that is due to wear and tear, inherent vice or gradual deterioration. (6) In no event does the liability of the department or the authority under this section for damage to property exceed the difference between the fair market value of the property immediately before its damage or destruction and its fair market value immediately thereafter. The department and the authority are not liable for the costs of any betterments to the property that may be required by code, statute or other law as a condition of repair, replacement or reconstruction. (7) The liability imposed under this section is in addition to that imposed for the intentional torts of a foster child or adjudicated youth under ORS 30.297, but any amounts paid under this section shall reduce any recovery that may be made under ORS 30.297. (8) For the purposes of this section: (a) “Adjudicated youth” has the meaning given that term in ORS 419A.004. (b) “Authority” means the Oregon Youth Authority. (c) “Department” means the Department of Human Services. (d) “Economic damages” and “noneconomic damages” have the meanings given those terms in ORS 31.705. (e) “Foster child” has the meaning given that term in ORS 30.297. [1991 c.756 §3; 1997 c.130 §2; 1999 c.316 §11; 2001 c.900 §11; 2003 c.232 §2; 2005 c.374 §5; 2021 c.489 §8; 2021 c.657 §1a] Note: See note under 30.297.