§ 9.2 Contributory Negligence and Comparative Fault

• Library: Damages (OSBar) (2016 Ed.)

§ 9.2 CONTRIBUTORY NEGLIGENCE AND COMPARATIVE FAULT

§ 9.2-1 Evolution of ORS 31.600

1971 marks the advent of comparative fault in Oregon. In that year the legislature enacted former ORS 18.470 (1971), renumbered as ORS 31.600 (2003), which provided the following:

Contributory negligence, including assumption of the risk, shall not bar recovery in an action by any person or his legal representative to recover damages for negligence resulting in death or injury to person or property if such negligence contributing to the injury was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of such negligence attributable to the person recovering.

In 1975, the statute was amended to read as follows:

Contributory negligence shall not bar recovery in an action by any person or his legal representative to recover damages for death or injury to person or property if the fault attributable to the person seeking recovery was not greater than the combined fault of the person or persons against whom recovery is sought, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the person recovering. This section is not intended to create or abolish any defense.

Former ORS 18.470 (1975) (emphasis added). The statute was amended again in 1995 and renumbered in 2003 as ORS 31.600, which now provides the following:

(1) Contributory negligence shall not bar recovery in

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