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]

Source: Section 31.620 — Doctrines of last clear chance and implied assumption of risk abolished, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

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)

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

§ 31.620’s source at oregon​.gov