2021 Oregon Revised Statutes
Chapter 030 - Actions and Suits in Particular Cases
Section 30.990 - Operators required to give skiers notice of duties.

ACTIONS AGAINST SCHOOLS RELATED TO COVID-19
Note: Sections 1, 2, 3 and 6 (1), chapter 4, Oregon Laws 2020 (third special session), provide:
Sec. 1. Definitions. As used in sections 1 to 3 of this 2020 third special session Act:
(1) "COVID-19 emergency rule" means an executive order, order of the Superintendent of Public Instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule or regulation that creates a standard or waives, suspends or modifies otherwise applicable state or federal law, regulations or standards regarding the rendering of education services.
(2) "Education program" means programs or activities operated on school property and any school program or activity operated on or off school property.
(3) "School" means a common school district, a union high school district, an education service district, a public charter school, a private school providing instruction to any grade from kindergarten through grade 12 or a community college district. [2020 s.s.3 c.4 §1]
Sec. 2. Limitation of liability. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school:
(a) In the course of operating an education program; and
(b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.
(2) A person engaged in activities on school property that are not operated by a school may not bring a claim against the school for damages related to COVID-19 infection.
(3) The immunity provided by this section does not apply to reckless, wanton or intentional misconduct.
(4) This section does not limit any other cause of action or remedy available to an injured party, including but not limited to the following claims:
(a) Claims subject to ORS chapter 654;
(b) Claims subject to ORS chapter 656;
(c) Claims under state and federal leave and wage and hour laws and state and federal laws prohibiting discrimination and retaliation; and
(d) Claims under state and federal specialized instruction laws. [2020 s.s.3 c.4 §2]
Sec. 3. Motion to strike. (1) A school may move at any time to strike a claim in a civil action that is barred by section 2 of this 2020 third special session Act. A motion to strike under this section shall be treated as a motion to dismiss under ORCP 21 A but is not subject to ORCP 21 F. Upon granting a motion under this section, the court shall enter a judgment of dismissal without prejudice. If the court denies a motion under this section, the court shall enter a limited judgment denying the motion.
(2)(a) A school that moves to strike a claim under this section has the initial burden of making a prima facie showing that the claim is barred under section 2 of this 2020 third special session Act.
(b) If the school meets the burden under paragraph (a) of this subsection, the burden shifts to the plaintiff in the action to establish that a genuine issue of material fact exists that the claim is not barred under section 2 of this 2020 third special session Act. If the plaintiff meets the burden under this paragraph, the court shall deny the motion.
(c) The court shall consider only the pleadings and supporting and opposing affidavits in determining whether a genuine issue of material fact exists. If the court determines that a genuine issue of material fact exists:
(A) The fact that the determination has been made and the substance of the determination may not be admitted in evidence at any later stage of the case; and
(B) The determination does not affect the burden of proof or standard of proof that is applied in the proceeding. [2020 s.s.3 c.4 §3]
Sec. 6. Applicability. (1) Sections 1 to 3 of this 2020 third special session Act apply to claims arising during the period in which any declaration of a state of emergency related to COVID-19 and issued by the Governor on March 8, 2020, and any extension of the declaration, is in effect. [2020 s.s.3 c.4 §6(1)]

Structure 2021 Oregon Revised Statutes