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9 Oregon opinions name it 2 courts 1981–2025 2 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Thompson v. Weavergreen2 sentences2025See Thompson v. Weaver, 277 Or 299, 302-05 , 560 P2d 620 (1977) (discussing abolished doctrine). 2025See Thompson v. Weaver, 277 Or 299, 302-05 , 560 P2d 620 (1977) (discussing abolished doctrine). | 2 | 4 |
City of Klamath Falls v. Wintersgreen2 sentences1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d 1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d | 1 | 1 |
Lapp v. Rogersgreen2 sentences1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d 1998See Lapp v. Rogers, 265 Or 586, 588 , 510 P2d 551 (1973) (stating the rule); Richards, 289 Or at 749 (applying the rule and stating that “[w]e have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a landlord to a tenant”). 4 The concurring opinion in Richards noted that the court’s decision in Lapp predated the legislature’s abolition of the doctrine of implied assumption of risk in 1975, that section 358 arguably “carries with it some of the trappings of implied assumption of risk[,]” and that, if it d | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Maas v. Willer
green
2 sentences2016The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection.” In 1975, the legislature enacted former ORS 18.475 (1975), renumbered as ORS 31.620(2) (2003), abolishing the doctrine of implied assumption of risk: “The doctrine of implied assumption of the risk is abolished.” In Maas v. Willer, 203 Or App 124 , 125 P3d 87 (2005), rev den, 340 Or 411 (2006), which relied on Jensen and which defendants cite here, the alleged negligence was based 2016The failure of a claimant to make a direct claim against a third party defendant does not affect the requirement that the fault of the third party defendant be considered by the trier of fact under this subsection.” In 1975, the legislature enacted former ORS 18.475 (1975), renumbered as ORS 31.620(2) (2003), abolishing the doctrine of implied assumption of risk: “The doctrine of implied assumption of the risk is abolished.” In Maas v. Willer, 203 Or App 124 , 125 P3d 87 (2005), rev den, 340 Or 411 (2006), which relied on Jensen and which defendants cite here, the alleged negligence was based | 1 | 2016–2016 |
Vandeveere-Pratt v. Portland Habilitation Center, Inc.
green
1 sentence2015Id. at 564-65 ; see ORS 31.620(2) (“The doctrine of implied assumption of the risk is abolished.”). | 1 | 2015–2015 |
C.H. Savage Co. v. Multnomah County
neutral
2 sentences2009Savage Company v. Multnomah County, 57 Or App 735, 738-39 , 646 P2d 639 , rev den, 293 Or 634 (1982) (noting that, although former ORS 18.475(2) (1975), renumbered as ORS 31.620(2) (2003), abolished the doctrine of implied assumption of risk, express assumption of risk remains a viable defense to negligence claims). 2009Savage Company v. Multnomah County, 57 Or App 735, 738-39 , 646 P2d 639 , rev den, 293 Or 634 (1982) (noting that, although former ORS 18.475(2) (1975), renumbered as ORS 31.620(2) (2003), abolished the doctrine of implied assumption of risk, express assumption of risk remains a viable defense to negligence claims). | 1 | 2009–2009 |
Blair v. Mt. Hood Meadows Development Corp.
green
2 sentences1984Hood Meadows Development Corp., 291 Or. 293 , 630 P.2d 827 (1981), a cause accruing after 1975, stands for the continued vitality of the Restatement rules. 1984Hood Meadows Development Corp., 291 Or. 293 , 630 P.2d 827 (1981), a cause accruing after 1975, stands for the continued vitality of the Restatement rules. | 1 | 1984–1984 |
Katter v. Jack's Datsun Sales, Inc.
green
2 sentences1984Although assumption of risk is eliminated by such statutes, it may be held that the defense of contributory negligence is still open to the defendant; or, as under the present form of the Federal Employers' Liability Act, contributory negligence may remain as a partial defense, reducing the damages in proportion to the fault. * * *" Restatement (Second) of Torts § 496A, comment c. [6] The injury involved in Katter v. Jack's Datsun Sales, Inc., 279 Or. 161 , 566 P.2d 509 (1977), occurred in 1974, after the enactment of original ORS 18.470 but prior to its 1975 amendment and the abolition of the 1984Although assumption of risk is eliminated by such statutes, it may be held that the defense of contributory negligence is still open to the defendant; or, as under the present form of the Federal Employers' Liability Act, contributory negligence may remain as a partial defense, reducing the damages in proportion to the fault. * * *" Restatement (Second) of Torts § 496A, comment c. [6] The injury involved in Katter v. Jack's Datsun Sales, Inc., 279 Or. 161 , 566 P.2d 509 (1977), occurred in 1974, after the enactment of original ORS 18.470 but prior to its 1975 amendment and the abolition of the | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.