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Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 9

Med Pay Subrogation - No

PIP Subrogation - Yes

Statute of Limitations

Statute of Repose: Products 10 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 6 years
Personal Property 6 years
Personal Injury 2 years
Wrongful Death 3 years
Warranty 4 years


Sue Owner for Negligence - NO

Suspend Owner's License - NO

Deductible Reimbursement

Pro Rata State
Or. Admin. Code § 836-080-0240


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Exemption is 75% of disposable earnings or 40 times the federal minimum hourly wage

Parental Responsibility

Minor (Under 18)
Dollar Limit on Parents’ Liability: $7,500
Liability imposed when child commits intentional or reckless tort

Subrogation by Landlord's Carrier against Tenant

Not clear, look to lease and facts

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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