Oregon Revised Statutes

Or. Rev. Stat. § 654.325 (2026)

Who may prosecute damage action for death; damages unlimited

✓ current as of May 2026

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654.325 Who may prosecute damage action for death; damages unlimited. If there is any loss of life by reason of violations of ORS 654.305 to 654.336 by any owner, contractor or subcontractor or any person liable under ORS 654.305 to 654.336, the surviving spouse and children and adopted children of the person so killed and, if none, then the lineal heirs of that person and, if none, then the mother or father, as the case may be, shall have a right of action without any limit as to the amount of damages which may be awarded. If none of the persons entitled to maintain such action reside within the state, the executor or administrator of the deceased person may maintain such action for their respective benefits and in the order above named.

Notes of Decisions

Cited in 2 cases, 1960–1987 · leading case: Hess v. United States, 361 U.S. 314 (1960).

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Hess v. United States, 361 U.S. 314 (1960). “" Ore. Rev. Stat. § 654.325. " Contributory negligence.”

Groves v. Max J. Kuney Co., 737 P.2d 1240 (Or. 1987). “One of three separate claims for relief was a wrongful death claim maintained pursuant to ORS 654.325, a part of Oregon’s Employers’ Liability Act (ELA).”

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