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6 Oregon opinions name it 2 courts 1999–2025 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 |
|---|---|---|
Stone v. Wittgreen2 sentences2025In describing the elements of a negligence claim, the majority opinion conflates two dis- tinct concepts—foreseeability of the risk and creation of a duty—contrary to our prior negligence cases, thereby creat- ing unnecessary uncertainty and confusion in our tort law.2 1 The majority opinion states that a claim for liability based on ordinary negligence requires the plaintiff to “plead and prove facts to permit a finding that defendant’s conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff.” 374 Or at 530 (emphasis added). 2025In describing the elements of a negligence claim, the majority opinion conflates two dis- tinct concepts—foreseeability of the risk and creation of a duty—contrary to our prior negligence cases, thereby creat- ing unnecessary uncertainty and confusion in our tort law.2 1 The majority opinion states that a claim for liability based on ordinary negligence requires the plaintiff to “plead and prove facts to permit a finding that defendant’s conduct unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff.” 374 Or at 530 (emphasis added). | 2 | 2 |
Hall v. CORNETTgreen2 sentences2006No. 1J, 303 Or 1, 17 , 734 P2d 1326 (1987) (negligence liability depends on whether conduct “unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff ’ (emphasis added)); Hall v. Cornett et al., 193 Or 634, 643 , 240 P2d 231 (1952) (“Damage is the gravamen of * * * an action for negligence.”); Berg v. Hirschy, 206 Or App 472, 475 , 136 P3d 1182 (2006) (“A cause of action for negligence does not arise until the defendant’s negligence causes harm and results in damages to the plaintiff.”). 2006No. 1J, 303 Or 1, 17 , 734 P2d 1326 (1987) (negligence liability depends on whether conduct “unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff ’ (emphasis added)); Hall v. Cornett et al., 193 Or 634, 643 , 240 P2d 231 (1952) (“Damage is the gravamen of * * * an action for negligence.”); Berg v. Hirschy, 206 Or App 472, 475 , 136 P3d 1182 (2006) (“A cause of action for negligence does not arise until the defendant’s negligence causes harm and results in damages to the plaintiff.”). | 1 | 1 |
Berg v. Hirschygreen2 sentences2006No. 1J, 303 Or 1, 17 , 734 P2d 1326 (1987) (negligence liability depends on whether conduct “unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff ’ (emphasis added)); Hall v. Cornett et al., 193 Or 634, 643 , 240 P2d 231 (1952) (“Damage is the gravamen of * * * an action for negligence.”); Berg v. Hirschy, 206 Or App 472, 475 , 136 P3d 1182 (2006) (“A cause of action for negligence does not arise until the defendant’s negligence causes harm and results in damages to the plaintiff.”). 2006No. 1J, 303 Or 1, 17 , 734 P2d 1326 (1987) (negligence liability depends on whether conduct “unreasonably created a foreseeable risk to a protected interest of the kind of harm that befell the plaintiff ’ (emphasis added)); Hall v. Cornett et al., 193 Or 634, 643 , 240 P2d 231 (1952) (“Damage is the gravamen of * * * an action for negligence.”); Berg v. Hirschy, 206 Or App 472, 475 , 136 P3d 1182 (2006) (“A cause of action for negligence does not arise until the defendant’s negligence causes harm and results in damages to the plaintiff.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Solberg v. Johnson
green
2 sentences2016Solberg v. Johnson, 306 Or 484, 490-91 , 760 P2d 867 (1988) (stating that the elements of a negligence claim include “that defendant’s con- duct caused a foreseeable risk of harm, * * * that defendant’s conduct was unreasonable in light of the risk, [and] * * * that plaintiff was within the class of persons and plaintiff’s injury was within the general type of potential incidents and inju- ries that made defendant’s conduct negligent”). 2016Solberg v. Johnson, 306 Or 484, 490-91 , 760 P2d 867 (1988) (stating that the elements of a negligence claim include “that defendant’s con- duct caused a foreseeable risk of harm, * * * that defendant’s conduct was unreasonable in light of the risk, [and] * * * that plaintiff was within the class of persons and plaintiff’s injury was within the general type of potential incidents and inju- ries that made defendant’s conduct negligent”). | 4 | 1999–2016 |
Fazzolari v. Portland School District No. 1J
green
2 sentences2016A defendant may be subject to liability for negligence only if the defendant’s conduct “unreasonably created a foreseeable risk * * * of the kind of harm that befell the plaintiff.” Fazzolari, 303 Or at 17 . 2016A defendant may be subject to liability for negligence only if the defendant’s conduct “unreasonably created a foreseeable risk * * * of the kind of harm that befell the plaintiff.” Fazzolari, 303 Or at 17 . | 3 | 2006–2016 |
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.