Negligence in Oregon
State-specific overview · Tort Law
Oregon uses comparative negligence and bars recovery only if the plaintiff is more than 50% responsible for their own injury.
How Oregon treats Negligence
Oregon allows plaintiffs to recover damages proportional to the defendant's fault under comparative negligence rules, even if the plaintiff shares some blame. Recovery is barred only when the plaintiff's negligence is greater than the defendant's negligence. Oregon courts apply a reasonable person standard to determine whether the defendant exercised ordinary care under the circumstances.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.