ORS 31.610
Liability of defendants several only

  • determination of defendants’ shares of monetary obligation
  • reallocation of uncollectible obligation
  • parties exempt from reallocation

(1)

Except as otherwise provided in this section, in any civil action arising out of bodily injury, death or property damage, including claims for emotional injury or distress, loss of care, comfort, companionship and society, and loss of consortium, the liability of each defendant for damages awarded to plaintiff shall be several only and shall not be joint.

(2)

In any action described in subsection (1) of this section, the court shall determine the award of damages to each claimant in accordance with the percentages of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact) and shall enter judgment against each party determined to be liable. The court shall enter a judgment in favor of the plaintiff against any third party defendant who is found to be liable in any degree, even if the plaintiff did not make a direct claim against the third party defendant. The several liability of each defendant and third party defendant shall be set out separately in the judgment, based on the percentages of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact). The court shall calculate and state in the judgment a monetary amount reflecting the share of the obligation of each person specified in ORS 31.600 (Contributory negligence not bar to recovery) (2). Each person’s share of the obligation shall be equal to the total amount of the damages found by the trier of fact, with no reduction for amounts paid in settlement of the claim or by way of contribution, multiplied by the percentage of fault determined for the person by the trier of fact under ORS 31.605 (Special questions to trier of fact).

(3)

Upon motion made not later than one year after judgment has become final by lapse of time for appeal or after appellate review, the court shall determine whether all or part of a party’s share of the obligation determined under subsection (2) of this section is uncollectible. If the court determines that all or part of any party’s share of the obligation is uncollectible, the court shall reallocate any uncollectible share among the other parties. The reallocation shall be made on the basis of each party’s respective percentage of fault determined by the trier of fact under ORS 31.605 (Special questions to trier of fact). The claimant’s share of the reallocation shall be based on any percentage of fault determined to be attributable to the claimant by the trier of fact under ORS 31.605 (Special questions to trier of fact), plus any percentage of fault attributable to a person who has settled with the claimant. Reallocation of obligations under this subsection does not affect any right to contribution from the party whose share of the obligation is determined to be uncollectible. Unless the party has entered into a covenant not to sue or not to enforce a judgment with the claimant, reallocation under this subsection does not affect continuing liability on the judgment to the claimant by the party whose share of the obligation is determined to be uncollectible.

(4)

Notwithstanding subsection (3) of this section, a party’s share of the obligation to a claimant may not be increased by reason of reallocation under subsection (3) of this section if:

(a)

The percentage of fault of the claimant is equal to or greater than the percentage of fault of the party as determined by the trier of fact under ORS 31.605 (Special questions to trier of fact); or

(b)

The percentage of fault of the party is 25 percent or less as determined by the trier of fact under ORS 31.605 (Special questions to trier of fact).

(5)

If any party’s share of the obligation to a claimant is not increased by reason of the application of subsection (4) of this section, the amount of that party’s share of the reallocation shall be considered uncollectible and shall be reallocated among all other parties who are not subject to subsection (4) of this section, including the claimant, in the same manner as otherwise provided for reallocation under subsection (3) of this section.

(6)

This section does not apply to:

(a)

A civil action resulting from the violation of a standard established by Oregon or federal statute, rule or regulation for the spill, release or disposal of any hazardous waste, as defined in ORS 466.005 (Definitions for ORS 453.635 and 466.005 to 466.385), hazardous substance, as defined in ORS 453.005 (Definitions for ORS 453.005 to 453.135) or radioactive waste, as defined in ORS 469.300 (Definitions).

(b)

A civil action resulting from the violation of Oregon or federal standards for air pollution, as defined in ORS 468A.005 (Definitions for air pollution laws) or water pollution, as defined in ORS 468B.005 (Definitions for water pollution control laws). [Formerly 18.485]

Source: Section 31.610 — Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

Notes of Decisions

Whether defendant is 15 percent or more at fault is measured only against other parties to action. Davis v. O’Brien, 320 Or 729, 891 P2d 1307 (1995); Faverty v. McDonald’s Restaurants, 133 Or App 514, 892 P2d 703 (1995)

Where plaintiff did not make direct claim against third-party defendant, “damages” awarded in judgment against third-party defendant may not include attorney fees. Huntley v. Tri-Met, 210 Or App 269, 149 P3d 1268 (2006)

When read with ORS 31.600 and 31.605, this section sets forth comprehensive system for allocating fault between parties and distributing liability for damages severally in accordance with that allocation. Comparative fault system eliminates need for common-law indemnity claim. Eclectic Investment, LLC v. Patterson, 357 Or 25, 346 P3d 468 (2015)

Law Review Citations

24 WLR 313 (1988)

31.150
Special motion to strike 31.152
Time for filing special motion to strike 31.155
Exempt actions 31.180
Certain felonious conduct of plaintiff complete defense in tort actions 31.200
Liability of radio or television station personnel for defamation 31.205
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical 31.210
When general damages allowed 31.215
Publication of correction or retraction upon demand 31.220
Effect of publication of correction or retraction prior to demand 31.225
Publisher’s defenses and privileges not affected 31.230
Wrongful use of civil proceeding 31.250
Mandatory dispute resolution for certain actions against health practitioners and health care facilities 31.260
Definitions for ORS 31.260 to 31.278 31.262
Notice of adverse health care incident 31.264
Discussion of adverse health care incident 31.266
Discussion communications 31.268
Mediation 31.270
Payment and resolution 31.272
Statute of limitations 31.274
Patient representatives 31.276
Duties of Oregon Patient Safety Commission 31.278
Use of information relating to notice of adverse health care incident 31.280
Task Force on Resolution of Adverse Health Care Incidents 31.300
Pleading requirements for actions against design professionals 31.350
Pleading requirements for actions against real estate licensees 31.360
Proof required for claim of economic damages in action arising from injury caused by dog 31.370
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police 31.550
“Advance payment” defined 31.555
Effect of advance payment 31.560
Advance payment for death or personal injury not admission of liability 31.565
Advance payment for property damage not admission of liability 31.580
Effect of collateral benefits 31.600
Contributory negligence not bar to recovery 31.605
Special questions to trier of fact 31.610
Liability of defendants several only 31.615
Setoff of damages not allowed 31.620
Doctrines of last clear chance and implied assumption of risk abolished 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child 31.705
Economic and noneconomic damages separately set forth in verdict 31.710
Limitation on award for noneconomic damages in claim for wrongful death 31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle 31.725
Pleading punitive damages 31.730
Standards for award of punitive damages 31.735
Distribution of punitive damages 31.740
When award of punitive damages against health practitioner prohibited 31.760
Evidence of nonuse of safety belt or harness to mitigate damages 31.770
Inadmissibility of calculation of future earning potential based on race or ethnicity 31.800
Right of contribution among joint tortfeasors 31.805
Basis for proportional shares of tortfeasors 31.810
Enforcement of right of contribution 31.815
Covenant not to sue 31.820
Severability 31.825
Assignment of cause of action against insurer 31.980
Action for alienation of affections abolished 31.982
Action for criminal conversation abolished
Green check means up to date. Up to date

Current through early 2024

§ 31.610’s source at oregon​.gov