When someone is injured because of another person’s negligence, they often file a personal injury claim. But when that negligence involves a government agency or employee, different rules apply. The Oregon Tort Claims Act (OTCA) outlines how, when, and under what circumstances an individual can hold the government accountable for damages.
This guide from Dawson Law Group explains the key aspects of the Oregon Tort Claims Act, including notice requirements, deadlines, and common pitfalls to avoid if you plan to pursue compensation from a public entity in Oregon.
What Is the Oregon Tort Claims Act?
The Oregon Tort Claims Act was enacted to strike a balance between allowing citizens to seek justice and protecting public funds from unlimited liability. It sets the ground rules for when you can sue a public body, such as a city, county, or state agency, for negligent or wrongful acts committed by its employees.
Before this law, sovereign immunity protected the government from being sued at all. The OTCA changed that, creating a pathway for injured individuals to hold public entities responsible in certain cases—such as car accidents involving government vehicles, injuries in public buildings, or medical malpractice in public hospitals.
Who Can Be Held Liable Under the Oregon Tort Claims Act?
Under the OTCA, a “public body” includes the State of Oregon, its agencies, cities, counties, and other government entities. This means that if a government employee or agent acts negligently within the scope of their job, the public body—not the individual—is typically liable for resulting damages.
For example:
- A city bus driver causes a collision while on duty.
- A maintenance worker leaves a hazard in a public park that leads to injury.
- A doctor employed by a county health clinic provides negligent medical care.
In each of these cases, the claim would be brought against the public entity, not the employee personally.
Filing a Claim Under the OTCA: Notice Requirements and Deadlines
One of the most critical parts of filing a claim under the Oregon Tort Claims Act is meeting the notice requirement. According to ORS 30.275, you must notify the appropriate public body within a specific timeframe after the incident occurs. Missing this step can prevent your case from ever being heard.
Key Deadlines
- 180 days after the injury or loss for most claims.
- One year after the incident for wrongful death claims.
The notice must include details such as the time, place, and circumstances of the loss or injury, along with the claimant’s name and address. Sending this notice by certified mail is typically the safest approach, ensuring proof of delivery.
Because these deadlines are short, it’s crucial to speak with an experienced attorney right away. Missing a notice deadline can permanently bar your claim, regardless of how serious your injuries are.
Damage Caps and Limitations
Even if you successfully prove liability, the OTCA limits the amount of compensation you can receive. These limits change annually and depend on whether the defendant is the state, a local government, or another public body.
The Oregon Judicial Department maintains a Table of Liability Limits that lists the current caps on damages for personal injury, wrongful death, and property damage claims. For instance, as of recent years, the state’s liability for a single claimant in a personal injury case is capped in the low millions, but it varies based on legislative updates and inflation adjustments.
Examples of Tort Claims Against Oregon Government Entities
Claims under the OTCA can involve a variety of situations, such as:
- Car accidents caused by state or city vehicles.
- Slip-and-fall incidents in government buildings or public spaces.
- Medical malpractice at publicly funded hospitals or clinics.
- Negligent supervision in schools or correctional facilities.
Each of these situations requires careful legal analysis to determine whether the public employee acted within the scope of their duties and whether immunity applies.
How the Oregon Tort Claims Act Interacts with Other Laws
The OTCA does not cover every possible claim against a public body. Some actions remain immune from liability, such as discretionary policy decisions or certain law enforcement actions. Additionally, other state laws may apply alongside the OTCA, especially in cases involving medical negligence or wrongful death.
For example, if you are filing a medical malpractice claim in Portland against a public hospital, your case must satisfy both medical negligence standards and the OTCA’s procedural requirements. Similarly, if your injury resulted from a government vehicle accident, your attorney might also reference Oregon’s motor vehicle statutes in addition to the OTCA.
Why You Need an Experienced Attorney
Successfully pursuing an Oregon Tort Claims Act case requires a deep understanding of notice procedures, statutory immunity, and damage caps. Government defense teams often argue that a claimant’s notice was insufficient or late, making it essential to get legal help early.
The attorneys at Dawson Law Group have decades of experience handling complex personal injury and tort claims throughout Oregon. Whether your case involves a negligent public employee or unsafe conditions on government property, our team knows how to navigate the OTCA and build a strong case for compensation.
Steps to Take If You Believe You Have a Claim
If you suspect that a state or local government entity caused your injury, take the following steps immediately:
- Document the incident: Take photos, gather witness statements, and preserve any evidence.
- Seek medical treatment: Get evaluated right away, even if your injuries seem minor.
- File a tort claim notice: Ensure it meets Oregon’s strict requirements.
- Contact an attorney: Speak with a lawyer who understands the Oregon Tort Claims Act and has handled similar cases.
How Dawson Law Group Can Help
At Dawson Law Group, we guide clients through every stage of the OTCA process—from filing the initial notice to negotiating settlements or litigating in court. Our experience includes cases involving car accidents, medical negligence, and other personal injury claims where government agencies were involved.
If you or someone you love has been injured due to a government employee’s negligence, contact our Portland personal injury lawyers today. We can help you understand your rights under the Oregon Tort Claims Act and take swift action to protect your claim.
Get Legal Help Today
Reach out to Dawson Law Group for a free consultation and learn how we can help you pursue justice under Oregon law. Call or visit our office to get started.
This article is for informational purposes only and does not constitute legal advice. Always consult an attorney for advice specific to your situation.