Oregon Statutes 401.364 – Coverage under Oregon Tort Claims Act
(1) A qualified emergency service volunteer is an agent of a public body under ORS § 30.260 to 30.300 for the purpose of acts and omissions of the volunteer that are within the course and scope of the volunteer’s duties if the acts or omissions occur:
Terms Used In Oregon Statutes 401.364
- Emergency: means a human created or natural event or circumstance that causes or threatens widespread loss of life, injury to person or property, human suffering or financial loss, including but not limited to:
(a) Fire, wildfire, explosion, flood, severe weather, landslides or mud slides, drought, earthquake, volcanic activity, tsunamis or other oceanic phenomena, spills or releases of oil or hazardous material as defined in ORS § 466. See Oregon Statutes 401.025
- Emergency services: means activities engaged in by state and local government agencies to prepare for an emergency and to prevent, minimize, respond to or recover from an emergency, including but not limited to coordination, preparedness planning, training, interagency liaison, fire fighting, oil or hazardous material spill or release cleanup as defined in ORS § 466. See Oregon Statutes 401.025
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) While the volunteer is performing emergency service activities under the direction of the public body during a state of emergency declared under this chapter, or during a state of public health emergency declared under ORS § 433.441; or
(b) While the volunteer is engaged in training being conducted or approved by a public body for the purpose of preparing the volunteer to perform emergency services.
(2) A public body shall defend, save harmless and indemnify a qualified emergency service volunteer as required by ORS § 30.285 for any tort claim arising out of an act or omission described in subsection (1) of this section. [2009 c.718 § 4; 2021 c.539 § 79]
[Formerly 401.205; repealed by 2009 c.718 § 6]