Does ORS 31.760 Apply to Economic Damages?
Economic damages are a critical component of many legal disputes, especially in cases involving personal injury or property damage. In Oregon, the state’s statutes provide guidance on how these damages are calculated and awarded. One of the most significant questions that arise in this context is whether ORS 31.760 applies to economic damages. This article delves into the intricacies of this statute and its implications on economic damages in Oregon.
ORS 31.760 is a section of the Oregon Revised Statutes that deals with the calculation of economic damages. It provides a framework for determining the amount of economic damages that should be awarded to a plaintiff in a civil lawsuit. The statute specifies that economic damages include lost wages, medical expenses, and other out-of-pocket costs incurred as a result of the defendant’s wrongful actions.
The question of whether ORS 31.760 applies to economic damages is crucial because it determines how these damages are calculated and whether there are any limitations on the amount that can be awarded. To answer this question, we must examine the language of the statute and its legislative history.
ORS 31.760 states that “economic damages shall be computed by determining the difference between the value of the plaintiff’s property or services before and after the injury or wrong.” This language suggests that the statute applies to economic damages, as it clearly outlines a method for calculating the value of lost wages and other out-of-pocket expenses.
Furthermore, the legislative history of ORS 31.760 supports the conclusion that it applies to economic damages. When the statute was enacted in 1971, its purpose was to provide a clear and uniform method for calculating economic damages in civil lawsuits. The statute was amended several times over the years, but the core intent remained the same: to ensure that economic damages are calculated fairly and consistently.
Despite the clear language and legislative history, some legal scholars and practitioners argue that ORS 31.760 does not apply to economic damages. They contend that the statute only applies to property damages and that economic damages are governed by other provisions of the Oregon Revised Statutes. However, this argument is not well-supported by the statute’s language or legislative history.
In conclusion, ORS 31.760 does apply to economic damages in Oregon. The statute provides a clear framework for calculating economic damages, and its legislative history reinforces this interpretation. By understanding the provisions of ORS 31.760, parties involved in legal disputes can better navigate the complexities of economic damages and ensure that their rights are protected.
