ORS 30.272
Limitations on liability of local public bodies for personal injury and death

Text
Annotations 4

(1)

The limitations imposed by this section apply to claims that:

(a)

Are subject to ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive);

(b)

Are made against a local public body, or against an officer, employee or agent of a local public body acting within the person’s scope of employment or duties;

(c)

Arise out of a single accident or occurrence; and

(d)

Are not claims for damage to or destruction of property.

(2)

The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to any single claimant for claims described in subsection (1) of this section may not exceed:

(a)

$500,000, for causes of action arising on or after July 1, 2009, and before July 1, 2010.

(b)

$533,300, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c)

$566,700, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d)

$600,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e)

$633,300, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f)

$666,700, for causes of action arising on or after July 1, 2014, and before July 1, 2015.

(g)

The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.

(3)

The liability of a local public body, and the liability of the public body’s officers, employees and agents acting within the scope of their employment or duties, to all claimants for claims described in subsection (1) of this section may not exceed:

(a)

$1 million, for causes of action arising on or after July 1, 2009, and before July 1, 2010.

(b)

$1,066,700, for causes of action arising on or after July 1, 2010, and before July 1, 2011.

(c)

$1,133,300, for causes of action arising on or after July 1, 2011, and before July 1, 2012.

(d)

$1,200,000, for causes of action arising on or after July 1, 2012, and before July 1, 2013.

(e)

$1,266,700, for causes of action arising on or after July 1, 2013, and before July 1, 2014.

(f)

$1,333,300, for causes of action arising on or after July 1, 2014, and before July 1, 2015.

(g)

The adjusted limitation provided by subsection (4) of this section, for causes of action arising on or after July 1, 2015.

(4)

Beginning in 2015, and every year thereafter, the State Court Administrator shall determine the percentage increase or decrease in the cost of living for the previous calendar year, based on changes in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. On or before July 1 of the year in which the State Court Administrator makes the determination required by this subsection, the State Court Administrator shall adjust the limitations imposed under subsections (2) and (3) of this section for the following calendar year by multiplying the limitation amounts applicable to the calendar year in which the adjustment is made by the percentage amount determined under this subsection. The adjustment may not exceed three percent for any year. The State Court Administrator shall round the adjusted limitation amount to the nearest $100, but the unrounded amount shall be used to calculate the adjustments to the limitations in subsequent calendar years. The adjusted limitation becomes effective on July 1 of the year in which the adjustment is made, and applies to all causes of action arising on or after July 1 of that year and before July 1 of the subsequent year.

(5)

The limitations imposed by this section do not apply to claims against Oregon Health and Science University. [2009 c.67 §4; 2019 c.12 §2]

Note: See note under 30.269 (Limitations on awards under Oregon Tort Claims Act generally).

Source: Section 30.272 — Limitations on liability of local public bodies for personal injury and death, https://www.oregonlegislature.gov/bills_laws/ors/ors030.html.

Notes of Decisions

In applying monetary liability limitations, “single accident or occurrence” refers to single tort, whether tort originates from conduct occurring over period of time or as solitary incident. Burley v. Clackamas County, 313 Or App 287, 496 P3d 652 (2021), Sup Ct review denied

Defense costs are not exempted from applicable liability limit under Oregon Tort Claims Act. Atlantic Specialty Ins. Co. v. Oregon School Boards Association PACE Trust, 649 F. Supp. 3d 998 (D. Or. 2022)

Where single individual possesses dual agency status for public and nonpublic body, damages may exceed Oregon Tort Claims Act limits, although public body’s liability would be capped as set forth in this section. Atlantic Specialty Ins. Co. v. Oregon School Boards Association PACE Trust, 649 F. Supp. 3d 998 (D. Or. 2022)

Limitation on liability under this section applies to obligation to pay damages, not to attorney fees; thus, trial court’s award of damages to plaintiff in amount that exceeded limitation on liability under Oregon Tort Claims Act did not preclude plaintiff from seeking reasonable attorney fees. Bush v. City of Prineville, 325 Or App 37, 529 P3d 970 (2023), on reconsideration 326 Or App 538, 532 P3d 1261 (2023), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 30.272 Limitations on liability of local public bodies for personal injury and death

(1)

(a)

(b)

(c)

(d)

(2)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(3)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(4)

(5)

Notes of Decisions

ORS 30.272
Limitations on liability of local public bodies for personal injury and death