Bill Text: OR HB3287 | 2011 | Regular Session | Introduced

---

Bill Title: Relating to punitive damages; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3287 Detail]

Download: Oregon-2011-HB3287-Introduced.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2229

                         House Bill 3287

Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon
  Liability Reform Coalition)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Limits awards of punitive damages to amount equal to three
times economic damages and noneconomic damages awarded to
plaintiff. Provides that limit does not apply to cause of action
for which judgment was entered before effective date of Act.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to punitive damages; creating new provisions; amending
  ORS 31.730; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 31.730 is amended to read:
  31.730. (1) Punitive damages are not recoverable in a civil
action unless it is proven by clear and convincing evidence that
the party against whom punitive damages are sought has acted with
malice or has shown a reckless and outrageous indifference to a
highly unreasonable risk of harm and has acted with a conscious
indifference to the health, safety and welfare of others.
  (2) If an award of punitive damages is made by a jury, the
court shall review the award to determine whether the award is
within the range of damages that a rational juror would be
entitled to award based on the record as a whole, viewing the
statutory and common-law factors that allow an award of punitive
damages for the specific type of claim at issue in the
proceeding.   { +  In any action seeking damages for personal
injury, death or property damage, punitive damages may not exceed
an amount equal to three times the economic damages and
noneconomic damages, as those terms are defined in ORS 31.710,
awarded to the plaintiff. + }
  (3) In addition to any reduction that may be made under
subsection (2) of this section, upon the motion of a defendant
the court may reduce the amount of any judgment requiring the
payment of punitive damages entered against the defendant if the
defendant establishes that the defendant has taken remedial
measures that are reasonable under the circumstances to prevent
reoccurrence of the conduct that gave rise to the claim for
punitive damages. In reducing awards of punitive damages under
the provisions of this subsection, the court shall consider the
amount of any previous judgment for punitive damages entered
against the same defendant for the same conduct giving rise to a
claim for punitive damages.
  SECTION 2.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 31.730 by section 1 of this
2011 Act apply to all causes of action, whether arising before,
on or after the effective date of this 2011 Act.
  (2) The amendments to ORS 31.730 by section 1 of this 2011 Act
do not apply to a cause of action for which a judgment was
entered before the effective date of this 2011 Act. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------