75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 561
Sponsored by COMMITTEE ON JUDICIARY (at the request of Oregon Law
Commission)
CHAPTER ................
AN ACT
Relating to conflict of laws.
Be It Enacted by the People of the State of Oregon:
{ +
DEFINITIONS + }
SECTION 1. { + Definitions. For the purposes of sections 1 to
12 of this 2009 Act:
(1) 'Conduct' means an act or omission that has occurred or
that may occur in the future.
(2) 'Domicile' means the place identified under section 5 of
this 2009 Act.
(3) 'Injury' means physical or nonphysical harm to a person or
property caused by the conduct of another person.
(4) 'Law,' when used in reference to the law of another state,
does not include that state's choice-of-law rules.
(5) 'Noncontractual claim' means a claim, other than a claim
for failure to perform a contractual or other consensual
obligation, that arises from a tort as defined in ORS 30.260, or
any conduct that caused or may cause injury compensable by
damages, without regard to whether damages are sought.
(6) 'Person' means a person as defined in ORS 174.100 and a
public body.
(7) 'Public body' means a public body as defined in ORS
174.109, the Oregon Health and Science University, and the Oregon
State Bar.
(8) 'State' means, unless the context requires otherwise, the
United States, any state, territory, possession or other
jurisdiction of the United States, any Indian tribe or other
Native American, Hawaiian or Alaskan group recognized by federal
law or formally acknowledged by a state of the United States, and
any foreign country or territorial subdivision of such country
that has its own system of laws. + }
{ +
APPLICABILITY + }
SECTION 2. { + Applicability. Sections 1 to 12 of this 2009
Act govern the choice of law applicable to noncontractual claims
when a choice between or among the laws of more than one state is
at issue. Sections 1 to 12 of this 2009 Act do not supersede the
Enrolled Senate Bill 561 (SB 561-INTRO) Page 1
provisions of other Oregon statutes that expressly designate the
law governing a particular noncontractual claim. + }
{ +
PRELIMINARY ISSUES + }
SECTION 3. { + Characterization. (1) Oregon law determines the
scope and meaning of terms used in sections 1 to 12 of this 2009
Act, including whether a claim is a noncontractual claim.
(2) The law of the state determined to be applicable under
sections 1 to 12 of this 2009 Act determines the scope and
meaning of terms used in that law. + }
SECTION 4. { + Localization and other factual determinations.
For the purposes of sections 1 to 12 of this 2009 Act, 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. + }
SECTION 5. { + Determining domicile. For the purposes of
sections 1 to 12 of this 2009 Act:
(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. + }
{ +
CLAIMS GOVERNED BY OREGON LAW + }
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SECTION 6. { + Claims governed by Oregon law. Notwithstanding
sections 8, 9 and 11 of this 2009 Act, 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. + }
SECTION 7. { + Product liability civil actions. (1)
Notwithstanding sections 8 and 9 of this 2009 Act, 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 section 9 of this 2009
Act, that issue shall be governed by the law of the other state.
(4) All noncontractual claims or issues in product liability
civil actions not provided for or not disposed of under this
section are governed by the law of the state determined under
section 9 of this 2009 Act. + }
{ +
CHOICE OF LAW + }
SECTION 8. { + General Rules. (1) Noncontractual claims
between an injured person and the person whose conduct caused the
injury are governed by the law of the state designated in this
section.
(2)(a) If the injured person and the person whose conduct
caused the injury were domiciled in the same state, the law of
that state governs. However, the law of the state in which the
Enrolled Senate Bill 561 (SB 561-INTRO) Page 3
injurious conduct occurred determines the standard of care by
which the conduct is judged. If the injury occurred in a state
other than the one in which the conduct occurred, the provisions
of subsection (3)(c) of this section apply.
(b) For the purposes of this section, persons domiciled in
different states shall be treated as if domiciled in the same
state to the extent that laws of those states on the disputed
issues would produce the same outcome.
(3) If the injured person and the person whose conduct caused
the injury were domiciled in different states and the laws of
those states on the disputed issues would produce a different
outcome, the law of the state designated in this subsection
governs.
(a) If both the injurious conduct and the resulting injury
occurred in the same state, the law of that state governs if
either the injured person or the person whose conduct caused the
injury was domiciled in that state.
(b) If both the injurious conduct and the resulting injury
occurred in a state other than the state in which either the
injured person or the person whose conduct caused the injury were
domiciled, the law of the state of conduct and injury governs. If
a party demonstrates that, under the circumstances of the
particular case, the application of that law to a disputed issue
will not serve the objectives of that law, that issue will be
governed by the law selected under section 9 of this 2009 Act.
(c) If the injurious conduct occurred in one state and the
resulting injury in another state, the law of the state of
conduct governs. However, the law of the state of injury governs
if:
(A) The activities of the person whose conduct caused the
injury were such as to make foreseeable the occurrence of injury
in that state; and
(B) The injured person formally requests the application of
that state's law by a pleading or amended pleading. The request
shall be deemed to encompass all claims and issues against that
defendant.
(4) If a party demonstrates that application to a disputed
issue of the law of a state other than the state designated by
subsection (2) or (3) of this section is substantially more
appropriate under the principles of section 9 of this 2009 Act,
that issue is governed by the law of the other state. + }
SECTION 9. { + General and Residual Approach. Except as
provided in sections 6, 7, 8 and 11 of this 2009 Act, the rights
and liabilities of the parties with regard to disputed issues in
a noncontractual claim are governed by the law of the state whose
contacts with the parties and the dispute and whose policies on
the disputed issues make application of the state's law the most
appropriate for those issues. The most appropriate law is
determined by:
(1) Identifying the states that have a relevant contact with
the dispute, such as the place of the injurious conduct, the
place of the resulting injury, the domicile, habitual residence
or pertinent place of business of each person, or the place in
which the relationship between the parties was centered;
(2) Identifying the policies embodied in the laws of these
states on the disputed issues; and
(3) Evaluating the relative strength and pertinence of these
policies with due regard to:
Enrolled Senate Bill 561 (SB 561-INTRO) Page 4
(a) The policies of encouraging responsible conduct, deterring
injurious conduct and providing adequate remedies for the
conduct; and
(b) The needs and policies of the interstate and international
systems, including the policy of minimizing adverse effects on
strongly held policies of other states. + }
SECTION 10. { + Joint tortfeasors and third parties.
Notwithstanding sections 6, 7 and 8 of this 2009 Act, if two or
more persons are liable for the same claim, the rights and
liabilities between those persons are governed by the law
determined for the particular issue under section 9 of this 2009
Act. If a third party pays compensation to a person injured by
the conduct of another person, the right of the third party to
recoup the amount paid is governed by the law determined for the
particular issue under section 9 of this 2009 Act. + }
SECTION 11. { + Agreements on applicable foreign law.
Notwithstanding sections 8, 9 and 10 of this 2009 Act, but
subject to ORS 81.100 to 81.135, an agreement providing that an
issue or issues falling within the scope of sections 1 to 12 of
this 2009 Act will be governed by the law of a state other than
Oregon is enforceable in Oregon if the agreement was entered into
after the parties had knowledge of the events giving rise to the
dispute. + }
SECTION 12. { + Commentary. The Oregon Law Commission shall
make available on the website maintained by the commission a copy
of the commentary approved by the commission for the provisions
of sections 1 to 12 of this 2009 Act. + }
{ +
MISCELLANEOUS + }
SECTION 13. { + Transitional provisions. (1) Except as
provided in subsection (2) of this section, sections 1 to 12 of
this 2009 Act apply to all noncontractual claims as defined in
section 1 of this 2009 Act, whether arising before, on or after
the effective date of this 2009 Act.
(2) Sections 1 to 12 of this 2009 Act do not apply to
noncontractual claims as defined in section 1 of this 2009 Act in
actions filed before the effective date of this 2009 Act. + }
SECTION 14. { + Captions. The unit and section captions used
in this 2009 Act are provided only for the convenience of the
reader and do not become part of the statutory law of this state
or express any legislative intent in the enactment of this 2009
Act. + }
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Enrolled Senate Bill 561 (SB 561-INTRO) Page 5
Passed by Senate March 26, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 561 (SB 561-INTRO) Page 6
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 561 (SB 561-INTRO) Page 7