Oregon · Comparative Negligence

Oregon Comparative Negligence Rule

Oregon follows a modified 51% bar rule under Or. Rev. Stat. § 31.600. Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Updated 2026-05-22 · See all 50 states

Estimate Your Settlement

Key facts: Oregon

Rule type: Modified 51% bar
Max fault to recover: 50%
How recovery works: Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.
Last verified: 2026-05-22
Source type: Primary (state statute)

Details for Oregon

Modified comparative fault with a 51% bar; recovery is permitted when the claimant’s fault is "not greater than" the combined fault of all defendants and third-party defendants.

Related: Oregon statute of limitations

Oregon gives you 2 years to file a personal injury lawsuit under Or. Rev. Stat. § 12.110.

See the full Oregon statute of limitations →

This page is informational and does not constitute legal advice. Some categories (medical negligence, governmental defendants) follow different rules. Confirm the controlling rule with a licensed Oregon attorney before relying on it.

See what your Oregon claim could be worth.

SetCalc estimates personal injury settlements with location-specific data and routes your case to a local attorney for a free review.

Calculate Your Settlement

Oregon Comparative Negligence FAQ

What comparative negligence rule does Oregon follow?

Oregon follows a modified 51% bar rule under Or. Rev. Stat. § 31.600. Claimant barred when fault is greater than 50% (the 51% rule). Recovery is allowed when the claimant's share of fault is 50% or less, and barred when it exceeds that threshold.

Can I still recover if I was partly at fault for the accident in Oregon?

Yes, up to a point. In Oregon you can recover when your share of fault is 50% or less. Once you cross that threshold, you are barred from recovering anything at all.

How does this affect settlement negotiations in Oregon?

Insurance adjusters argue percentage of fault to reduce what they pay. Because Oregon bars recovery once fault exceeds 50%, even a small dispute about percentage can swing settlement value dramatically. Crossing the bar means zero recovery.

What is the personal injury statute of limitations in Oregon?

Oregon gives you 2 years to file a personal injury lawsuit under Or. Rev. Stat. § 12.110.

Where can I read the actual rule?

The controlling authority is Or. Rev. Stat. § 31.600. The full text is available at https://oregon.public.law/statutes/ors_31.600.

See comparative negligence rules for all 51 covered states

Artificial Intelligence + Attorney Insight^TM

What's My Case Worth?

Email Us: [email protected]

DISCLAIMER: SetCalc is for informational purposes only. We do not provide legal advice, medical advice, or legal representation. We recommend consulting an attorney regarding your case.

ATTORNEY ADVERTISING: setcalc.com is not a law firm or an attorney referral service. The information provided on this site, or any affiliated postings such as videos, blogs, social media, or elsewhere, is not legal advice. No attorney-client or confidential relationship is, or will be, formed by usage of the site. This site is a pooled attorney advertisement. Participating attorneys and law firms who contact Requestors based on form submissions have paid an advertising fee. In CA, this is paid advertising for The Law Offices of Larry H. Parker; Los Angeles, CA. Do not rely on our service or statements from our service when deciding which attorney to hire. All settlement calculations are estimates only and should not be the basis of important legal decisions. Attorney review of estimate is subject to availability and may not be available for some case types, locations, or for those already represented by counsel. If unavailable, we will send estimate by email without attorney review. By submitting your contact info you agree an advertising attorney may contact you using any form of communication, including calls, emails, auto-dial, pre-recorded messages, and text messages. You understand consent is not a condition of purchase. Your use of this website constitutes acceptance of our Terms & Conditions and Privacy Policy.