Tort Actions

ORS 31.620
Doctrines of last clear chance and implied assumption of risk abolished


(1)

The doctrine of last clear chance is abolished.

(2)

The doctrine of implied assumption of the risk is abolished. [Formerly 18.475]

(formerly 18.475)

Notes of Decisions

This section prohibited the defendant from successfully arguing that he owed the plaintiff no duty where the plaintiff volunteered to help set a mobile home on a foundation for the benefit and under the direction of the defendant, and the jury found the method used to be negligent. Thompson v. Weaver, 277 Or 299, 560 P2d 620 (1977)

In products liability action, manufacturer was barred by this section from raising defense of actual assumption of risk. Hornbeck v. Western States Fire Apparatus, 280 Or 647, 572 P2d 620 (1977)

Prior to adoption of this section, assumption of risk constituted "superseding proximate cause of injury," notwithstanding strict liability. Brown v. Link Belt Corp., 565 F2d 1107 (1977)

Even though doctrine of implied assumption of risk is abolished by this section, legislative intent is that conduct which is sometimes labeled assumption of risk but which is subspecies of contributory negligence can be compared, under [former] ORS 18.470, in apportioning damages. Baccelleri v. Hyster Co., 287 Or 3, 597 P2d 351 (1979)

Since this section has abolished the doctrine of assumption of risk in every sense, separate instruction, focusing on plaintiff's implied assumption of the risk, was improper. Blair v. Mt. Hood Meadows Development Corp., 291 Or 293, 630 P2d 827 (1981), as modified by 291 Or 703, 634 P2d 241 (1981)

As result of abolition of implied assumption of risk, "fireman's rule" is abolished as rule of law and no longer can bar recovery of damages for personal injuries sustained by public safety officer, in course of employment, as a result of defendant's negligent conduct; overruling Spencer v. B.P. John Furniture Corp., 255 Or 359, 467 P2d 429 (1970). Christensen v. Murphy, 296 Or 610, 678 P2d 1210 (1984)

Law Review Citations

21 WLR 357 (1985)


Source

Last accessed
Jun. 26, 2021