Comparative Negligence in Oregon
State-specific overview · Tort Law
Oregon uses pure comparative negligence with no bar to recovery regardless of plaintiff's fault percentage.
How Oregon treats Comparative Negligence
Oregon allows plaintiffs to recover damages even if they bear more fault than the defendant, reduced by their comparative negligence percentage. Under Oregon law, a plaintiff who is 90% at fault can still recover 10% of damages from a defendant who is 10% at fault. This pure comparative negligence rule applies in both contract and tort cases, making Oregon one of the most plaintiff-friendly states on this issue.
The general definition of Comparative Negligence
A rule that reduces damages based on the victim's own percentage of fault.
Comparative negligence is a legal principle that recognizes both parties in an accident may share responsibility. Instead of an all-or-nothing approach, the court or jury determines what percentage each person is at fault. Your damages award is then reduced by your percentage of fault. For example, if you're 20% at fault and awarded $100,000, you receive $80,000. Some states use 'pure' comparative negligence (you can recover even if you're 99% at fault), while others use 'modified' comparative negligence (you can only recover if you're less than 50% or 51% at fault, depending on the state).
Read the full Comparative Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Oregon.