ORS 15.415
Localization and other factual determinations


For the purposes of ORS 15.400 (Definitions for ORS 15.400 to 15.460) to 15.460 (Commentary), the following issues are determined under Oregon law:

(1)

What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state where the conduct occurred that is primarily responsible for the injury is the state where the injurious conduct occurred.

(2)

Who caused the injury. If a person is liable for the conduct of another person, both persons are considered to have caused the injury.

(3)

Where the injury occurred. If the same conduct causes injury in more than one state, the place of injury is in the state in which most of the injurious effects occurred or may occur. If different persons suffer injury in different states by reason of the same conduct, the place of injury is determined separately for each person. If a person suffers loss by reason of injury or death of another person, the place of injury is determined based on the injury to the other person.

(4)

Who suffered the injury. If a claim is made for loss caused by injury or death of another person, both the claimant and the other person are considered to be injured persons. [Formerly 31.862]

Source: Section 15.415 — Localization and other factual determinations, https://www.­oregonlegislature.­gov/bills_laws/ors/ors015.­html.

Law Review Citations

88 OLR 963 (2009)

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