Oregon Statutes 31.180 – Certain felonious conduct of plaintiff complete defense in tort actions; proof; exceptions
(1) It is a complete defense in any civil action for personal injury or wrongful death that:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $250,000 |
Terms Used In Oregon Statutes 31.180
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
(a) The person damaged was engaged in conduct at the time that would constitute aggravated murder, murder or a Class A or a Class B felony; and
(b) The felonious conduct was a substantial factor contributing to the injury or death.
(2) To establish the defense described in this section, the defendant must prove by a preponderance of the evidence the fact that the person damaged was engaged in conduct that would constitute aggravated murder, murder or a Class A or a Class B felony.
(3) Nothing in this section affects any right of action under 42 U.S.C. § 1983.
(4) The defense established by this section is not available if the injury or death resulted from a springgun or other device described in ORS § 166.320 and the plaintiff establishes by a preponderance of the evidence that the use of the springgun or other device constituted a violation of ORS § 166.320.
(5) The defense established by this section is not available if the injury or death resulted from the use of physical force that was not justifiable under the standards established by ORS § 161.195 to 161.275. [Formerly 30.698]
RULES GOVERNING PARTICULAR CLAIMS FOR RELIEF
(Defamation)