Title 15 · ORS Chapter 15
15.460, the following issues are determined under Oregon law: ����� (1) What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state w
Citation: ORS 15.460
Section: 15.460
15.460, the following issues are determined under Oregon law:
����� (1) What conduct caused the injury, and where the conduct occurred. If injurious conduct occurs in more than one state, the state where the conduct occurred that is primarily responsible for the injury is the state where the injurious conduct occurred.
����� (2) Who caused the injury. If a person is liable for the conduct of another person, both persons are considered to have caused the injury.
����� (3) Where the injury occurred. If the same conduct causes injury in more than one state, the place of injury is in the state in which most of the injurious effects occurred or may occur. If different persons suffer injury in different states by reason of the same conduct, the place of injury is determined separately for each person. If a person suffers loss by reason of injury or death of another person, the place of injury is determined based on the injury to the other person.
����� (4) Who suffered the injury. If a claim is made for loss caused by injury or death of another person, both the claimant and the other person are considered to be injured persons. [Formerly 31.862]
����� 15.420 Determining domicile. For the purposes of ORS 15.400 to 15.460:
����� (1)(a) The domicile of a natural person is in the state in which the person resides with the intent to make it the person�s home for an indefinite period of time.
����� (b) A domicile once established continues until it is superseded by the acquisition of a new domicile. If a person�s intent to change domicile is legally ineffective, the previously established domicile continues to be the person�s domicile.
����� (c) If a person�s intent to have a domicile in a given state would be legally effective but cannot be ascertained, the state in which the person resides is the person�s domicile, and if the person resides in more than one state, the residence state that has the most pertinent connection to the disputed issue is deemed to be the domicile with regard to that issue.
����� (2) The domicile of a person other than a natural person is located in the state in which the person maintains its principal place of business. If the dispute arises from activities directed from another state in which the person maintains a place of business other than the principal place of business, either state may be considered as the domicile at the choice of the other party.
����� (3) The domicile of a person is determined as of the date of the injury for which the noncontractual claim is made. [Formerly 31.865]
(Claims Governed by Oregon Law)
����� 15.430 Claims governed by Oregon law. Notwithstanding ORS 15.440, 15.445 and 15.455, Oregon law governs noncontractual claims in the following actions:
����� (1) Actions in which, after the events giving rise to the dispute, the parties agree to the application of Oregon law.
����� (2) Actions in which none of the parties raises the issue of applicability of foreign law.
����� (3) Actions in which the party or parties who rely on foreign law fail to assist the court in establishing the relevant provisions of foreign law after being requested by the court to do so.
����� (4) Actions filed against a public body of the State of Oregon, unless the application of Oregon law is waived by a person authorized by Oregon law to make the waiver on behalf of the public body.
����� (5) Actions against an owner, lessor or possessor of land, buildings or other real property situated in Oregon that seek to recover for, or to prevent, injury on that property and arising out of conduct that occurs in Oregon.
����� (6) Actions between an employer and an employee who is primarily employed in Oregon that arise out of an injury that occurs in Oregon.
����� (7) Actions for professional malpractice arising from services rendered entirely in Oregon by personnel licensed to perform those services under Oregon law.
����� (8)(a) Actions against a provider of reproductive health care or gender-affirming treatment, as those terms are defined in ORS 24.500, if the reproductive health care or gender-affirming treatment at issue was provided in this state.
����� (b) Actions against a patient receiving reproductive health care or gender-affirming treatment if the reproductive health care or gender-affirming treatment at issue was received in this state.
����� (c) Actions against any person who provides aid, assistance, resources or support to a person in providing or receiving reproductive health care or gender-affirming treatment in this state. [Formerly 31.870; 2023 c.228 �49]
����� 15.435 Product liability civil actions. (1) Notwithstanding ORS 15.440 and 15.445, Oregon law applies to product liability civil actions, as defined in ORS 30.900, if:
����� (a) The injured person was domiciled in Oregon and the injury occurred in Oregon; or
����� (b) The injured person was domiciled in Oregon or the injury occurred in Oregon, and the product:
����� (A) Was manufactured or produced in Oregon; or
����� (B) Was delivered when new for use or consumption in Oregon.
����� (2) Subsection (1) of this section does not apply to a product liability civil action if a defendant demonstrates that the use in Oregon of the product that caused the injury could not have been foreseen and that none of the defendant�s products of the same type were available in Oregon in the ordinary course of trade at the time of the injury.
����� (3) If a party demonstrates that the application of the law of a state other than Oregon to a disputed issue is substantially more appropriate under the principles of ORS