ORS 15.440
General rules
(1)
Noncontractual claims between an injured person and the person whose conduct caused the injury are governed by the law of the state designated in this section.(2)
Intentionally left blank —Ed.(a)
If the injured person and the person whose conduct caused the injury were domiciled in the same state, the law of that state governs. However, the law of the state in which the injurious conduct occurred determines the standard of care by which the conduct is judged. If the injury occurred in a state other than the one in which the conduct occurred, the provisions of subsection (3)(c) of this section apply.(b)
For the purposes of this section, persons domiciled in different states shall be treated as if domiciled in the same state to the extent that laws of those states on the disputed issues would produce the same outcome.(3)
If the injured person and the person whose conduct caused the injury were domiciled in different states and the laws of those states on the disputed issues would produce a different outcome, the law of the state designated in this subsection governs.(a)
If both the injurious conduct and the resulting injury occurred in the same state, the law of that state governs if either the injured person or the person whose conduct caused the injury was domiciled in that state.(b)
If both the injurious conduct and the resulting injury occurred in a state other than the state in which either the injured person or the person whose conduct caused the injury were domiciled, the law of the state of conduct and injury governs. If a party demonstrates that, under the circumstances of the particular case, the application of that law to a disputed issue will not serve the objectives of that law, that issue will be governed by the law selected under ORS 15.445 (General and residual approach).(c)
If the injurious conduct occurred in one state and the resulting injury in another state, the law of the state of conduct governs. However, the law of the state of injury governs if:(A)
The activities of the person whose conduct caused the injury were such as to make foreseeable the occurrence of injury in that state; and(B)
The injured person formally requests the application of that state’s law by a pleading or amended pleading. The request shall be deemed to encompass all claims and issues against that defendant.(4)
If a party demonstrates that application to a disputed issue of the law of a state other than the state designated by subsection (2) or (3) of this section is substantially more appropriate under the principles of ORS 15.445 (General and residual approach), that issue is governed by the law of the other state. [Formerly 31.875]
Source:
Section 15.440 — General rules, https://www.oregonlegislature.gov/bills_laws/ors/ors015.html.
Law Review Citations
88 OLR 963 (2009)
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