(1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS § 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS § 163.263, 163.264 or 163.266.

Terms Used In Oregon Statutes 30.867

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2) Upon prevailing in an action under this section, the plaintiff may recover:

(a) Both special and general damages, including damages for emotional distress; and

(b) Punitive damages.

(3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.

(4) An action under this section must be commenced within 10 years after the following, whichever occurs later:

(a) The date on which the conduct giving rise to the claim ceases; or

(b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age. [2007 c.811 § 9; 2023 c.217 § 7]

 

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