(2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by trees or debris left by the landowner.
(3) The limitation on liability provided by this section does not apply if the injury, death or damage was caused by the intentional tort of the landowner or by the gross negligence of the landowner. As used in this subsection, "gross negligence" means negligence that is materially greater than the mere absence of reasonable care under the circumstances, and that is characterized by indifference to or reckless disregard of the rights of others.
(4) The limitation on liability provided by this section is in addition to any limitation on liability provided under ORS 105.672 to 105.696.
(5) The limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477. [1999 c.543 ยง1]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 527 - Pest Control; Forest Practices
Section 527.310 - Definitions for ORS 527.310 to 527.370.
Section 527.315 - Process components.
Section 527.346 - State Forester to assist owners unable to take action against pest.
Section 527.610 - Short title.
Section 527.620 - Definitions for ORS 527.610 to 527.770.
Section 527.630 - Policy; rules.
Section 527.650 - Forest practice committees; members; qualifications; appointment; terms.
Section 527.678 - Wildlife food plots; rules.
Section 527.683 - Notice of violation.
Section 527.685 - Civil penalty considerations; rules.
Section 527.687 - Civil penalty procedure.
Section 527.714 - Types of rules; procedure; findings necessary; rule analysis.
Section 527.740 - Harvest type 3 limitations; exceptions.
Section 527.745 - Reforestation of certain harvest types; adoption of standards; rules.
Section 527.750 - Exceeding harvest type 3 size limitation; conditions; rules.
Section 527.755 - Scenic highways; visually sensitive corridors; operations restricted; exemptions.
Section 527.760 - Reforestation exemptions for land use changes.
Section 527.765 - Best management practices to maintain water quality; rules.
Section 527.780 - Exemption from liability for trees or debris left on property.
Section 527.785 - Exemption from liability for large woody debris left on property.
Section 527.786 - Definitions.
Section 527.787 - Registering to receive notice of pesticide application.
Section 527.788 - Notice to State Forestry Department of proposed pesticide application.
Section 527.789 - Notice to nearby recipient of proposed pesticide application.
Section 527.790 - Notice to State Forestry Department prior to pesticide application.
Section 527.791 - Verifying completion of pesticide application.
Section 527.792 - Designation of forestland units.
Section 527.793 - Failure to send notice; penalties.
Section 527.794 - Department reporting system.
Section 527.795 - Daily spray records; penalties.
Section 527.796 - Interference with pesticide application; penalties.
Section 527.797 - Limitations on pesticide applications.
Section 527.798 - Reporting points of diversion.