Torts
Torts tests negligence, intentional torts, strict liability, products liability, defamation, privacy, and Oregon's comparative-fault and damages statutes. Oregon is a modified comparative-fault state under ORS 31.600, and it caps noneconomic damages in some cases under ORS 31.710.
Core rules
- Negligence requires duty, breach, causation, and damages. Oregon compares fault and reduces recovery; a plaintiff whose fault exceeds the combined fault of defendants is barred.
- Premises liability: a possessor owes reasonable care to invitees and licensees; the scope of the invitation matters.
- Products liability under ORS 30.900 et seq. can sound in strict liability for a defective product that is unreasonably dangerous.
- Defamation requires a false statement of fact, publication, fault, and harm to reputation; constitutional limits apply to public plaintiffs.
Worked example
A shopper slips on a spill in a grocery store. The jury finds the store 70 percent at fault and the shopper 30 percent at fault, with $20,000 economic and $100,000 noneconomic damages. Under ORS 31.600, the award is reduced by 30 percent. The noneconomic portion may also be limited by ORS 31.710, but the economic portion is not capped. Reasoning: separate liability percentages from damages categories.
Traps
Do not apply pure comparative fault; do not assume joint and several liability for every damage type; do not overlook the notice element in premises cases; do not treat every product injury as strict liability.