2021 Oregon Revised Statutes
Chapter 031 - Tort Actions
Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.


(2) Subsection (1) of this section shall not apply to:
(a) Actions brought under ORS 30.900 to 30.920; or
(b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 01 - Courts, Oregon Rules of Civil Procedure

Chapter 031 - Tort Actions

Section 31.150 - Special motion to strike; when available; burden of proof.

Section 31.152 - Time for filing special motion to strike; discovery; attorney fees.

Section 31.155 - Exempt actions; substantive law not affected.

Section 31.180 - Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions.

Section 31.200 - Liability of radio or television station personnel for defamation.

Section 31.210 - When general damages allowed.

Section 31.215 - Publication of correction or retraction upon demand.

Section 31.230 - Wrongful use of civil proceeding; pleading; procedure.

Section 31.250 - Mandatory dispute resolution for certain actions against health practitioners and health care facilities.

Section 31.260 - Definitions for ORS 31.260 to 31.278.

Section 31.262 - Notice of adverse health care incident.

Section 31.264 - Discussion of adverse health care incident; offers of compensation; reporting to commission.

Section 31.266 - Discussion communications; admissibility; disclosure.

Section 31.268 - Mediation.

Section 31.270 - Payment and resolution.

Section 31.272 - Statute of limitations; evidence of offers and payments.

Section 31.274 - Patient representatives.

Section 31.276 - Duties of Oregon Patient Safety Commission; rules.

Section 31.278 - Use of information relating to notice of adverse health care incident.

Section 31.280 - Task Force on Resolution of Adverse Health Care Incidents; rules.

Section 31.300 - Pleading requirements for actions against design professionals.

Section 31.350 - Pleading requirements for actions against real estate licensees.

Section 31.360 - Proof required for claim of economic damages in action arising from injury caused by dog.

Section 31.370 - Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police.

Section 31.555 - Effect of advance payment; payment as satisfaction of judgment.

Section 31.560 - Advance payment for death or personal injury not admission of liability; when advance payment made.

Section 31.580 - Effect of collateral benefits.

Section 31.600 - Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.

Section 31.605 - Special questions to trier of fact; jury not to be informed of settlement.

Section 31.610 - Liability of defendants several only; determination of defendants’ shares of monetary obligation; reallocation of uncollectible obligation; parties exempt from reallocation.

Section 31.620 - Doctrines of last clear chance and implied assumption of risk abolished.

Section 31.700 - Right to include medical expenses paid by parent or conservator in action to recover for damages to child; effect of consent to inclusion.

Section 31.705 - Economic and noneconomic damages separately set forth in verdict; "economic damages" and "noneconomic damages" defined.

Section 31.710 - Limitation on award for noneconomic damages in claim for wrongful death.

Section 31.715 - Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants.

Section 31.725 - Pleading punitive damages; motion to amend pleading to assert claim for punitive damages; hearing.

Section 31.730 - Standards for award of punitive damages; required review of award by court; additional reduction of award for remedial measures.

Section 31.735 - Distribution of punitive damages; notice to Department of Justice; order of application.

Section 31.740 - When award of punitive damages against health practitioner prohibited.

Section 31.760 - Evidence of nonuse of safety belt or harness to mitigate damages.

Section 31.770 - Inadmissibility of calculation of future earning potential based on race or ethnicity; jury instruction.

Section 31.800 - Right of contribution among joint tortfeasors; limitations; subrogation of insurer; effect on indemnity right.

Section 31.805 - Basis for proportional shares of tortfeasors.

Section 31.810 - Enforcement of right of contribution; commencement of separate action; barring right of contribution; effect of satisfaction of judgment.

Section 31.815 - Covenant not to sue; effect; notice.