Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 124.100

Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; notice to Attorney General

Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      124.100 Definitions for ORS 124.100 to 124.140; action authorized; relief; qualifications for bringing action; notice to Attorney General. (1) As used in ORS 124.100 to 124.140:

      (a) “Elderly person” means a person 65 years of age or older.

      (b) “Financially incapable” has the meaning given that term in ORS 125.005.

      (c) “Incapacitated” has the meaning given that term in ORS 125.005.

      (d) “Person with a disability” means a person with a physical or mental impairment that:

      (A) Is likely to continue without substantial improvement for no fewer than 12 months or to result in death; and

      (B) Prevents performance of substantially all the ordinary duties of occupations in which an individual not having the physical or mental impairment is capable of engaging, having due regard to the training, experience and circumstances of the person with the physical or mental impairment.

      (e) “Vulnerable person” means:

      (A) An elderly person;

      (B) A financially incapable person;

      (C) An incapacitated person; or

      (D) A person with a disability who is susceptible to force, threat, duress, coercion, persuasion or physical or emotional injury because of the person’s physical or mental impairment.

      (2) A vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage in physical or financial abuse. The court shall award the following to a plaintiff who prevails in an action under this section:

      (a) An amount equal to three times all economic damages, as defined in ORS 31.705, resulting from the physical or financial abuse, or $500, whichever amount is greater.

      (b) An amount equal to three times all noneconomic damages, as defined in ORS 31.705, resulting from the physical or financial abuse.

      (c) Reasonable attorney fees incurred by the plaintiff.

      (d) Reasonable fees for the services of a conservator or guardian ad litem incurred by reason of the litigation of a claim brought under this section.

      (3) An action may be brought under this section only by:

      (a) A vulnerable person;

      (b) A guardian, conservator or attorney-in-fact for a vulnerable person;

      (c) A personal representative for the estate of a decedent who was a vulnerable person at the time the cause of action arose; or

      (d) A trustee for a trust on behalf of the trustor or the spouse of the trustor who is a vulnerable person.

      (4) An action may be brought under this section only for physical abuse described in ORS 124.105 or for financial abuse described in ORS 124.110.

      (5) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the person knowingly acts or fails to act under circumstances in which a reasonable person should have known of the physical or financial abuse.

      (6) A person commencing an action under this section shall mail a copy of the complaint or other initial pleading to the Attorney General at the time the action commences. Failure to mail a copy of the complaint or pleading is not a jurisdictional defect and may be cured at any time prior to entry of judgment. A court may not enter judgment for the plaintiff until proof of mailing is filed with the court. Proof of mailing may be by declaration or by return receipt of mailing. [1995 c.671 §1; 1997 c.249 §41; 1999 c.305 §1; 2001 c.843 §3; 2003 c.211 §1; 2005 c.87 §1; 2005 c.386 §1a; 2007 c.70 §30; 2015 c.568 §§2,5; 2019 c.345 §1; 2021 c.478 §8]

Notes of Decisions
Cited in 74 cases (45 in the last 5 years), 1999–2026 · leading case: Wyers v. American Medical Response Northwest, Inc.
Sort: Relevance Newest Treatment
Wyers v. American Medical Response Northwest, Inc. (2016) or · cites it 43× “Initiation and Disposition Below of Plaintiffs’ Claims Plaintiffs Akre, Shaftel, Asbury, Terpening, Webb, and Corning individually brought civil actions against AMR *218 for permitting another person — Haszard—to sexually abuse them, in violation of ORS 124.100. Each of their…”
E. J. T. v. Jefferson County (2022) or · cites it 13× “Plaintiff also alleged a claim under Oregon’s Vulnerable Person Act, ORS 124.100 to 124.140, which creates a statutory private right of action for enhanced damages in certain circumstances.”
Bishop v. Waters (2016) orctapp · cites it 27× “The issues before us are: (1) whether the trial court erred in ruling that plaintiff was not entitled to rescind her land-sale contract with defendants in the circumstances presented by this case, and (2) whether plaintiff complied with certain statutory requirements related to…”
Adelsperger v. Elkside Development LLC (2022) orctapp · cites it 9× “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Adelsperger v. Elkside Development LLC (2023) or · cites it 7× “ELDER ABUSE ORS 124.100(2) provides that “[a] vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage…”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp · cites it 82× “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
Herring v. American Medical Response Northwest, Inc. (2013) orctapp · cites it 24× “1 She brought this action against AMR alleging, among other things, that she was a “vulnerable person” as defined in ORS 124.100 and that, by permitting the abuse, AMR violated that statute.”
Bates v. Bankers Life & Casualty Co. (2014) ord · cites it 7× “An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a…”
Gibson v. Bankofier (2015) orctapp · cites it 9× “110(1): “An action may be bought under ORS 124.100 for financial abuse in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property…”
Miller Ex Rel. Miller v. Tabor West Investment Co., LLC (2008) orctapp · cites it 9× “, respectively, 2 alleging claims for negligence and for damages under ORS 124.100. The trial court granted defendants’ motion for summary judgment as to both claims, and plaintiff appeals.”
Schmidt v. Noonkester (2017) orctapp · cites it 7× “Defendant counterclaimed for financial elder abuse, ORS 124.100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
Fadel v. EL-TOBGY (2011) orctapp · cites it 6× “The court also awarded plaintiff prejudgment interest and some, but not all, of the attorney fees she sought under ORS 124.100. On appeal, Mona assigns error to various rulings related to both the elder-abuse and fraudulent-transfer claims; she also challenges the prejudgment…”
Show all 74 citing cases →
— Or. Rev. Stat. § 124.100(1) — 3 cases
Miller Ex Rel. Miller v. Tabor West Investment Co., LLC (2008) orctapp “, respectively, 2 alleging claims for negligence and for damages under ORS 124.100. The trial court granted defendants’ motion for summary judgment as to both claims, and plaintiff appeals.”
Adelsperger v. Elkside Development LLC (2025) or
Goralczyk v. McMasters (2025) orctapp
— Or. Rev. Stat. § 124.100(1)(a) — 13 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Neel v. Lee (2021) orctapp
Lake v. Esposito (2025) ord
Bates v. Bankers Life and Casualty Co. (2018) or
Bates v. Bankers Life and Casualty Co. (2018) or
— Or. Rev. Stat. § 124.100(1)(d) — 2 cases
Scott v. United States of America (2024) ord
Cattell v. Deeks (2022) orb
— Or. Rev. Stat. § 124.100(1)(e) — 17 cases
Clardy v. Gangitano (2024) orctapp
Adelsperger v. Elkside Development LLC (2022) orctapp “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Gibson v. Bankofier (2015) orctapp “110(1): “An action may be bought under ORS 124.100 for financial abuse in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property…”
Neel v. Lee (2021) orctapp
Adelsperger v. Elkside Development LLC (2025) or
— Or. Rev. Stat. § 124.100(1)(e)(A) — 2 cases
Goldingay v. Progressive Cas. Ins. Co. (2018) ord
Gosney v. Callaway Cars, Inc. (2023) orctapp
— Or. Rev. Stat. § 124.100(1)(e)(B) — 1 case
Cattell v. Deeks (2022) orb
— Or. Rev. Stat. § 124.100(1)(e)(D) — 3 cases
Cattell v. Deeks (2022) orb
Scott v. United States of America (2024) ord
Wolf v. Quiroz (2021) orb
— Or. Rev. Stat. § 124.100(2) — 19 cases
Wyers v. American Medical Response Northwest, Inc. (2016) or “Initiation and Disposition Below of Plaintiffs’ Claims Plaintiffs Akre, Shaftel, Asbury, Terpening, Webb, and Corning individually brought civil actions against AMR *218 for permitting another person — Haszard—to sexually abuse them, in violation of ORS 124.100. Each of their…”
Adelsperger v. Elkside Development LLC (2023) or “ELDER ABUSE ORS 124.100(2) provides that “[a] vulnerable person who suffers injury, damage or death by reason of physical abuse or financial abuse may bring an action against any person who has caused the physical or financial abuse or who has permitted another person to engage…”
Bates v. Bankers Life & Casualty Co. (2014) ord “An action may be brought under ORS 124.100 for financial abuse in the following circumstances: (a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a…”
Gibson v. Bankofier (2015) orctapp “110(1): “An action may be bought under ORS 124.100 for financial abuse in the following circumstances: “(a) When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property…”
E. J. T. v. Jefferson County (2022) or “Plaintiff also alleged a claim under Oregon’s Vulnerable Person Act, ORS 124.100 to 124.140, which creates a statutory private right of action for enhanced damages in certain circumstances.”
— Or. Rev. Stat. § 124.100(2)(a) — 9 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Fadel v. EL-TOBGY (2011) orctapp “The court also awarded plaintiff prejudgment interest and some, but not all, of the attorney fees she sought under ORS 124.100. On appeal, Mona assigns error to various rulings related to both the elder-abuse and fraudulent-transfer claims; she also challenges the prejudgment…”
Adelsperger v. Elkside Development LLC (2025) or
Jarratt v. Patterson (2025) orctapp
Jarratt v. Patterson (2025) orctapp
— Or. Rev. Stat. § 124.100(2)(b) — 4 cases
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “1 She brought this action against AMR alleging, among other things, that she was a “vulnerable person” as defined in ORS 124.100 and that, by permitting the abuse, AMR violated that statute.”
Adelsperger v. Elkside Development LLC (2022) orctapp “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Schmidt v. Noonkester (2017) orctapp “Defendant counterclaimed for financial elder abuse, ORS 124.100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
— Or. Rev. Stat. § 124.100(2)(c) — 4 cases
Adelsperger v. Elkside Development LLC (2025) or
Dennis v. McDaniel (2023) orb
Adelsperger v. Elkside Development LLC (2025) or
Goralczyk v. McMasters (2025) orctapp
— Or. Rev. Stat. § 124.100(3) — 2 cases
Worley v. Lewis (2025) orctapp
Galla v. State of Oregon (2025) ord
— Or. Rev. Stat. § 124.100(3)(c) — 1 case
Tyler v. Whetzel (2019) orctapp
— Or. Rev. Stat. § 124.100(3)(d) — 1 case
Tyler v. Whetzel (2019) orctapp
— Or. Rev. Stat. § 124.100(4) — 3 cases
Adelsperger v. Elkside Development LLC (2022) orctapp “As relevant here, a jury found that, in failing to honor the contracts, defendant committed breach of contract, for which the jury awarded $500,000 in damages, and elder financial abuse under ORS 124.100, for which the jury awarded $900,000 in damages, which was automatically…”
Adelsperger v. Elkside Development LLC (2025) or
Adelsperger v. Elkside Development LLC (2025) or
— Or. Rev. Stat. § 124.100(5) — 11 cases
Wyers v. American Medical Response Northwest, Inc. (2016) or “Initiation and Disposition Below of Plaintiffs’ Claims Plaintiffs Akre, Shaftel, Asbury, Terpening, Webb, and Corning individually brought civil actions against AMR *218 for permitting another person — Haszard—to sexually abuse them, in violation of ORS 124.100. Each of their…”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
State v. Wiborg (2017) orctapp
Fadel v. EL-TOBGY (2011) orctapp “The court also awarded plaintiff prejudgment interest and some, but not all, of the attorney fees she sought under ORS 124.100. On appeal, Mona assigns error to various rulings related to both the elder-abuse and fraudulent-transfer claims; she also challenges the prejudgment…”
Wyers v. American Medical Response Northwest, Inc. (2016) or
— Or. Rev. Stat. § 124.100(6) — 4 cases
Bishop v. Waters (2016) orctapp “The issues before us are: (1) whether the trial court erred in ruling that plaintiff was not entitled to rescind her land-sale contract with defendants in the circumstances presented by this case, and (2) whether plaintiff complied with certain statutory requirements related to…”
Fadel v. EL-TOBGY (2011) orctapp “The court also awarded plaintiff prejudgment interest and some, but not all, of the attorney fees she sought under ORS 124.100. On appeal, Mona assigns error to various rulings related to both the elder-abuse and fraudulent-transfer claims; she also challenges the prejudgment…”
Scott v. United States of America (2024) ord
Wines v. Fredeic (2025) orctapp
— Or. Rev. Stat. § 124.100(l)(a) — 3 cases
Fadel v. EL-TOBGY (2011) orctapp “The court also awarded plaintiff prejudgment interest and some, but not all, of the attorney fees she sought under ORS 124.100. On appeal, Mona assigns error to various rulings related to both the elder-abuse and fraudulent-transfer claims; she also challenges the prejudgment…”
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “1 She brought this action against AMR alleging, among other things, that she was a “vulnerable person” as defined in ORS 124.100 and that, by permitting the abuse, AMR violated that statute.”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
— Or. Rev. Stat. § 124.100(l)(b) — 1 case
Schmidt v. Noonkester (2017) orctapp “Defendant counterclaimed for financial elder abuse, ORS 124.100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
— Or. Rev. Stat. § 124.100(l)(c) — 3 cases
Church v. Woods (2003) orctapp
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “1 She brought this action against AMR alleging, among other things, that she was a “vulnerable person” as defined in ORS 124.100 and that, by permitting the abuse, AMR violated that statute.”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
— Or. Rev. Stat. § 124.100(l)(e) — 1 case
Wyers v. American Medical Response Northwest, Inc. (2016) or “Initiation and Disposition Below of Plaintiffs’ Claims Plaintiffs Akre, Shaftel, Asbury, Terpening, Webb, and Corning individually brought civil actions against AMR *218 for permitting another person — Haszard—to sexually abuse them, in violation of ORS 124.100. Each of their…”
— Or. Rev. Stat. § 124.100(l)(e)(A) — 1 case
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
— Or. Rev. Stat. § 124.100(l)(e)(C) — 2 cases
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “1 She brought this action against AMR alleging, among other things, that she was a “vulnerable person” as defined in ORS 124.100 and that, by permitting the abuse, AMR violated that statute.”
Wyers v. American Medical Response Northwest, Inc. (2014) orctapp “At issue in this consolidated appeal is the trial court’s dismissal of each plaintiffs claim under the statute governing civil actions for abuse of a vulnerable person, ORS 124.100, 2 after the court granted defendant’s summary judgment motion.”
— Or. Rev. Stat. § 124.100(l)(g) — 1 case
Bishop v. Waters (2016) orctapp “The issues before us are: (1) whether the trial court erred in ruling that plaintiff was not entitled to rescind her land-sale contract with defendants in the circumstances presented by this case, and (2) whether plaintiff complied with certain statutory requirements related to…”
— Or. Rev. Stat. § 124.100(l)(g)(A) — 1 case
Schmidt v. Noonkester (2017) orctapp “Defendant counterclaimed for financial elder abuse, ORS 124.100, ORS 124.110, 1 alleging, among other things, that plaintiffs’ litigation against her was unfounded.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.