Contributory Negligence in Oregon
State-specific overview · Tort Law
Oregon bars recovery if you are more than 50% at fault, using modified comparative negligence.
How Oregon treats Contributory Negligence
Oregon Revised Statutes § 31.600 establishes a modified comparative negligence system where a plaintiff cannot recover if their negligence is greater than the combined negligence of all defendants. If you are exactly 50% at fault and the defendant is 50% at fault, you can still recover. Your damages are reduced by your percentage of fault, so a $100,000 award drops to $50,000 if you are 50% responsible.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory 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.