(1) A fraternal organization, as defined in ORS § 307.134, that is also a charitable corporation, as defined in ORS § 128.620, and any other charitable corporation, as defined in ORS § 128.620, that is affiliated with the fraternal organization are not liable for any damages arising out of providing previously owned eyeglasses or hearing aids to a person if:

Terms Used In Oregon Statutes 30.809

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) The person is at least 14 years of age; and

(b) The eyeglasses or hearing aids are provided to the person without charge.

(2) The immunity provided by subsection (1) of this section applies to eyeglasses only if the eyeglasses are provided by a licensed optometrist or ophthalmologist who has:

(a) Personally examined the person who will receive the eyeglasses and issued a prescription for the eyeglasses; or

(b) Personally consulted with the licensed optometrist or ophthalmologist who issued the prescription for the eyeglasses. [2011 c.59 § 1]

 

[1969 c.387 § 1; 1973 c.823 § 89; renumbered 31.700 in 2003]