(1) No seismic rehabilitation data or seismic rehabilitation agreement is admissible in evidence to prove negligence or culpable acts or omissions in connection with injury, death or loss that occurs in an owner’s building as a result of the failure of the building to adequately withstand a seismic event. Such data or agreements are considered privileged and are excluded from evidence admitted in any legal action for the recovery of damages arising from the building’s failure due to seismic activity.

Terms Used In Oregon Statutes 455.395

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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

(2) A person may not maintain a cause of action against a building owner for injury, death or loss that occurs in the owner’s building as a result of a failure of the building to adequately withstand a seismic event, provided the owner was in substantial compliance with the terms and conditions of a seismic rehabilitation agreement on the date of the seismic event.

(3) The provisions of subsection (2) of this section shall apply only for the period during which the seismic rehabilitation agreement is in effect. [1995 c.400 § 2]

 

See note under 455.390.

 

  Previous section
Next section  
 Seismic Rehabilitation Contents