OAR 837-120-0100
Defenses Against Liability
(1)
An Act of God;(2)
An act of war; or(3)
An act or omission of a third person, other than an employee or agent of the responsible person(s) or one whose act or omission occurred in connection with a contractual relationship, existing directly or indirectly, with the responsible person(s) if the defendant can establish by a preponderance of the evidence that:(a)
The responsible person(s) exercised due care with respect to the hazardous material concerned, taking into consideration the characteristics of such hazardous materials, in light of all relevant facts and circumstances; and(b)
The responsible person(s) took precautions against foreseeable acts and omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.(4)
Liability for radioactive material incidents is established in ORS 469.615 (Indemnity for claims against state insurance coverage certification) and OAR 345-060-0045 (Financial Assurances).
Source:
Rule 837-120-0100 — Defenses Against Liability, https://secure.sos.state.or.us/oard/view.action?ruleNumber=837-120-0100
.