Oregon § 31.760 Evidence of nonuse of safety belt or harness to mitigate damages

Oregon Statutes

§ 31.760 — Evidence of nonuse of safety belt or harness to mitigate damages

Oregon § 31.760

Vol.1

Title 3Remedies and Special Actions and Proceedings

Ch. 31Tort Actions

This text of Oregon § 31.760 (Evidence of nonuse of safety belt or harness to mitigate damages) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 31.760 (2026).

Text

(1)In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.

(2)Subsection (1) of this section shall not apply to:

(a)Actions brought under ORS 30.900 to 30.920; or

(b)Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590] (Calculation of Future Earning Potential)

Free access — add to your briefcase to read the full text and ask questions with AI

(1) In an action brought to recover damages for personal injuries arising out of a motor vehicle accident, evidence of the nonuse of a safety belt or harness may be admitted only to mitigate the injured party’s damages. The mitigation shall not exceed five percent of the amount to which the injured party would otherwise be entitled.
(2) Subsection (1) of this section shall not apply to:
(a) Actions brought under ORS 30.900 to 30.920; or
(b) Actions to recover damages for personal injuries arising out of a motor vehicle accident when nonuse of a safety belt or harness is a substantial contributing cause of the accident itself. [Formerly 18.590]
(Calculation of Future Earning Potential)