Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 124.105

Physical abuse subject to action

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      124.105 Physical abuse subject to action. (1) An action may be brought under ORS 124.100 for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following:

      (a) Assault, under the provisions of ORS 163.160, 163.165, 163.175 and 163.185.

      (b) Menacing, under the provisions of ORS 163.190.

      (c) Recklessly endangering another person, under the provisions of ORS 163.195.

      (d) Criminal mistreatment, under the provisions of ORS 163.200 and 163.205.

      (e) Rape, under the provisions of ORS 163.355, 163.365 and 163.375.

      (f) Sodomy, under the provisions of ORS 163.385, 163.395 and 163.405.

      (g) Unlawful sexual penetration, under the provisions of ORS 163.408 and 163.411.

      (h) Sexual abuse, under the provisions of ORS 163.415, 163.425 and 163.427.

      (i) Strangulation, under ORS 163.187.

      (2) An action may be brought under ORS 124.100 for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water.

      (3) An action may be brought under ORS 124.100 for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions:

      (a) For the purpose of punishing the vulnerable person.

      (b) For any purpose not consistent with the purposes authorized by a physician or naturopathic physician.

      (c) For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 §2; 2003 c.577 §4; 2005 c.386 §2; 2017 c.356 §9]

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 2008–2025 · leading case: Miller Ex Rel. Miller v. Tabor West Investment Co., LLC
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Miller Ex Rel. Miller v. Tabor West Investment Co., LLC (2008) orctapp · cites it 7× ““(3) An action may only be brought under the provisions of this section for physical abuse described in ORS 124.105 * * *.[ 9 ] *717 “(4) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the…”
Sherman v. Dept. of Human Services (2021) or · cites it 2× “Plaintiff brought claims for negligence and a violation of Oregon’s Vulnerable Person Act, ORS 124.105,1 alleging that, on review of her file, she had learned that defendant had known about the abuse but had failed to take reasonable steps to protect her from fur- ther abuse…”
Wyers v. American Medical Response Northwest, Inc. (2016) or “ORS 124.105 (l)(e) -(h). ORS 124.100(5) identifies the particular requirements for bringing an action for permitting another to engage in physical or financial abuse: “An action may be brought under this section against a person for permitting another person to engage in…”
E. J. T. v. Jefferson County (2022) or “With respect to the claim alleging vio- lations of Oregon’s Vulnerable Person Act, ORS 124.105, the Jefferson County defendants recognized that the legislature had created a civil cause of action to enforce those laws, but they contended that the OTCA precludes such a claim…”
Bishop v. Waters (2016) orctapp · cites it 2× “125 provides, in pertinent part: “(1) The Attorney General, the Department of Human Services, a type B area agency, a designee or a district attorney may bring an action against a person who engages in conduct described in ORS 124.105 and 124.110. In addition to remedies…”
Landauer v. Landauer (2008) orctapp “130 provides that an action “must be commenced within seven years after discovery of the conduct described in ORS 124.105 and ORS 124.110 that gives rise to a cause of action under ORS 124.”
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “Those provisions authorize an action based on assault, menacing, reckless endangering, criminal mistreatment, rape, sodomy, unlawful sexual penetration, sexual abuse, and strangulation, ORS 124.105(l)(a) - (i)—almost all of which can be accomplished during a “fleeting” period of…”
Sherman v. Dept. of Human Services (2020) orctapp “Plaintiff further alleged that DHS violated the Vulnerable Person Act, ORS 124.105. DHS moved under ORCP 21 A(9) to dismiss plain- tiff’s complaint as untimely.”
E.J.T. v. Jefferson County (2023) ord · cites it 3× “The second claim alleged that all three Defendants had violated ORS 124.105 by permitting the abuse of a vulnerable person.”
Six v. Bilyeu (2022) orctapp · cites it 2× “110, and a separate claim for physical abuse under ORS 124.105. The trial court found that that did not constitute a cognizable claim, dismissed the claim insofar as it was presented in the first amended complaint, and denied leave to file the proposed second amended com- plaint…”
Wyers v. American Medical Response Northwest, Inc. (2016) or “ORS 124.105(1)(e)-(h). ORS 124.100(5) identifies the particular require- ments for bringing an action for permitting another to engage in physical or financial abuse: “An action may be brought under this section against a person for permitting another person to engage in phys-…”
Scott v. United States of America (2024) ord “§ 124.105(1)(c); id. § 163.195(1). B. Analysis 1.”
Show all 15 citing cases →
— Or. Rev. Stat. § 124.105(1)(a) — 1 case
Kerr-Daly v. City of Eugene (2025) ord
— Or. Rev. Stat. § 124.105(1)(c) — 1 case
Scott v. United States of America (2024) ord “§ 124.105(1)(c); id. § 163.195(1). B. Analysis 1.”
— Or. Rev. Stat. § 124.105(1)(e) — 1 case
Wyers v. American Medical Response Northwest, Inc. (2016) or “ORS 124.105(1)(e)-(h). ORS 124.100(5) identifies the particular require- ments for bringing an action for permitting another to engage in physical or financial abuse: “An action may be brought under this section against a person for permitting another person to engage in phys-…”
— Or. Rev. Stat. § 124.105(l)(a) — 2 cases
Miller Ex Rel. Miller v. Tabor West Investment Co., LLC (2008) orctapp ““(3) An action may only be brought under the provisions of this section for physical abuse described in ORS 124.105 * * *.[ 9 ] *717 “(4) An action may be brought under this section against a person for permitting another person to engage in physical or financial abuse if the…”
Herring v. American Medical Response Northwest, Inc. (2013) orctapp “Those provisions authorize an action based on assault, menacing, reckless endangering, criminal mistreatment, rape, sodomy, unlawful sexual penetration, sexual abuse, and strangulation, ORS 124.105(l)(a) - (i)—almost all of which can be accomplished during a “fleeting” period of…”
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