Oregon follows a modified comparative negligence theory with a 51% bar. This means that an injured person can recover damages in a personal injury case even if they were partly at fault for the accident, as long as their fault is not greater than the combined fault of the other parties involved. However, their damages will be reduced in proportion to their degree of fault. If the injured person is found to be 51% or more at fault, they will be barred from recovering any damages.
Understanding Oregon’s Modified Comparative Negligence
Oregon Revised Statutes Section 31.600 outlines the specifics of the state’s modified comparative negligence law. Key aspects include:
- Fault Comparison: The plaintiff’s fault is compared to the combined fault of the defendant(s), any liable third-party defendants, and any parties with whom the plaintiff has settled.
- 51% Bar: If the plaintiff’s fault is 51% or more, they cannot recover any damages. If their fault is 50% or less, they can recover, but the award will be reduced.
- Damage Reduction: For example, if a plaintiff is awarded $100,000 but is found 25% at fault, they will only receive $75,000.
- Exceptions: The law specifies that fault will not be compared with parties who are immune from liability, not subject to the court’s jurisdiction, or against whom a claim is barred by a statute of limitations or statute of repose. This generally excludes government entities unless they have waived immunity. Settling parties’ fault is considered in the comparison but they do not remain in the case.
How Does This Differ from Other Negligence Theories?
Oregon’s approach differs from other negligence theories in several ways:
- Contributory Negligence: In a small minority of states following this strict rule, any degree of fault on the plaintiff’s part prevents them from recovering any damages. Oregon’s comparative negligence system is more lenient, allowing for partial recovery.
- Pure Comparative Negligence: Used in some states, this system allows a plaintiff to recover damages even if they are 99% at fault, albeit reduced by their percentage of fault. Oregon’s modified system sets a limit at 51%.
Example of Modified Comparative Negligence in Oregon
Imagine a car accident where Driver A is found 40% at fault and Driver B is found 60% at fault. Driver A suffers $50,000 in damages. Under Oregon’s modified comparative negligence law, Driver A can recover damages, but the award will be reduced by their percentage of fault: $50,000 – (40% x $50,000) = $30,000.
Seeking Legal Advice
If you’ve been injured in an accident in Oregon, it’s crucial to consult with a personal injury lawyer. They can help you understand how modified comparative negligence might affect your case, assess your degree of fault, and navigate the legal process to pursue fair compensation. Determining fault can be complex and requires a thorough investigation of the accident. An attorney can help gather evidence and build a strong case on your behalf.
