statutory liability claim in Oregon

2016Bellikka, 306 Or at 650 ; Gattman v. Favro, 306 Or 11, 15 , 757 P2d 402 (1988). 7 The role that foresee *762 ability will play in a statutory liability claim, if any, will depend on legislative intent; that is, whether foreseeability is an element of a statutory claim depends not on the fact that the claim is established by statute, but on whether the legislature intended that foreseeability be an element of the claim that it creates.

2016Bellikka, 306 Or at 650 ; Gattman v. Favro, 306 Or 11, 15 , 757 P2d 402 (1988). 7 The role that foresee *762 ability will play in a statutory liability claim, if any, will depend on legislative intent; that is, whether foreseeability is an element of a statutory claim depends not on the fact that the claim is established by statute, but on whether the legislature intended that foreseeability be an element of the claim that it creates.

2016A statutory liability claim “allows recovery of damages if the plaintiff can show that the damages suffered came about as a result of the violation of a statute which the legislature passed intending to give recourse to a group of plaintiffs, which includes the plaintiff then seeking redress under the terms of the statute.” Bellikka v. Green, 306 Or 630, 636 , 762 P2d 997 (1988).

2016A statutory liability claim “allows recovery of damages if the plaintiff can show that the damages suffered came about as a result of the violation of a statute which the legislature passed intending to give recourse to a group of plaintiffs, which includes the plaintiff then seeking redress under the terms of the statute.” Bellikka v. Green, 306 Or 630, 636 , 762 P2d 997 (1988).

2016Hawkins, 307 Or at 265 . 15 As elaborated below, Grady involved a later version of former ORS 30.950 (1987) that did not vary, insofar as pertinent here, from the original version of the statute. 16 See Tape Recording, House Committee on Judiciary, HB 3152, June 11, 1979, Tape 85, Side 2 (statement of Legislative Chairman John Van Horn, Oregon *786 Restaurant & Beverage Association) (supporting concept of limited liability in HB 3152 because recent court decisions had gone beyond law’s intent); id. (statement of Dave Dietz) (stating that recent case law led to problems for licensees in acquiri

2016Hawkins, 307 Or at 265 . 15 As elaborated below, Grady involved a later version of former ORS 30.950 (1987) that did not vary, insofar as pertinent here, from the original version of the statute. 16 See Tape Recording, House Committee on Judiciary, HB 3152, June 11, 1979, Tape 85, Side 2 (statement of Legislative Chairman John Van Horn, Oregon *786 Restaurant & Beverage Association) (supporting concept of limited liability in HB 3152 because recent court decisions had gone beyond law’s intent); id. (statement of Dave Dietz) (stating that recent case law led to problems for licensees in acquiri

2015Id. at 257-58. 8 The plaintiff also brought a statutory liability claim under former ORS 30.950 (1979), renumbered as ORS 471.565 (2001), which provided: “No licensee or permittee is liable for damages incurred or caused by intoxicated patrons off the licensee’s or permittee’s business premises unless the licensee or permittee has served or provided the patron alcoholic beverages when such patron was visibly intoxicated.” Because this court recently had held that former ORS 30.950 (1983) did not provide a statutory remedy to plaintiffs injured in an assault, see Gattman v. Favro, 306 Or 11, 24

2015Id. at 257-58. 8 The plaintiff also brought a statutory liability claim under former ORS 30.950 (1979), renumbered as ORS 471.565 (2001), which provided: “No licensee or permittee is liable for damages incurred or caused by intox- icated patrons off the licensee’s or permittee’s business premises unless the licensee or permittee has served or provided the patron alcoholic beverages when such patron was visibly intoxicated.” Because this court recently had held that former ORS 30.950 (1983) did not pro- vide a statutory remedy to plaintiffs injured in an assault, see Gattman v. Favro, 306 Or 11

2016Because the Supreme Court recently held in Deckard v. Bunch, 358 Or 754 , 370 P3d 478 (2016), that ORS 471.565(2) does not provide an independent statutory right of action against a social host who serves alcohol to a visibly intoxicated person, we reverse the judgment for plaintiff on the statutory liability claim.

2016Because the Supreme Court recently held in Deckard v. Bunch, 358 Or 754 , 370 P3d 478 (2016), that ORS 471.565(2) does not provide an independent statutory right of action against a social host who serves alcohol to a visibly intoxicated person, we reverse the judgment for plaintiff on the statutory liability claim.

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

2015Cite as 358 Or 196 (2015) 213 and the trial court granted that motion.

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

2015“To prevail on a statutory liability claim, a plaintiff must be within the class of persons that the legislature intended to protect, and the harm must be of the sort that the legislature intended to prevent or remedy.” Id.

2015Where a duty exists, we must then determine whether “the text and context show that the legislature contemplated that a failure to act according to that duty gives rise to a potential liability in tort.” Doyle v. City of Medford, 256 Or App 625, 634 , 303 P3d 346 (2013), rev’d on other grounds, 356 Or 336 , 337 P3d 797 (2014) (citing Scovill, 324 Or at 166 ); PGE v. Bureau of Labor and Industries, 317 Or 606, 610 , 859 P2d 1143 (1993).

1988Hawkins v. Conklin, supra, 87 Or App at 395 . 3 After the Court of Appeals issued its decision upholding the statutory liability claim, this court held that ORS 30.950 does not provide a statutory remedy in favor of plaintiffs who were injured in an assault.

1988Granting a motion for judgment on the pleadings is appropriate only “when the pleadings taken together affirmatively show that plaintiff has no cause of action * * *.” Salem Sand v. City of Salem, 260 Or 630, 636 , 492 P2d 271 (1971).

1988Granting a motion for judgment on the pleadings is appropriate only “when the pleadings taken together affirmatively show that plaintiff has no cause of action * * *.” Salem Sand v. City of Salem, 260 Or 630, 636 , 492 P2d 271 (1971).

1988Gattman v. Favro, 306 Or 11, 24 , 757 P2d 402 (1988). 6 See also Dunlap v. Dickson, 307 Or 175 , 765 P2d 203 (1988).

1988Gattman v. Favro, 306 Or 11, 24 , 757 P2d 402 (1988). 6 See also Dunlap v. Dickson, 307 Or 175 , 765 P2d 203 (1988).