# Comparative fault system · Oregon — Comparative fault system and joint and several liability rules by state

For Comparative fault system · Oregon, state is Oregon; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section; fault threshold is 51%, recorded from its source on 2026-08-31.

- **State:** Oregon _(our reading, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **When the plaintiff's own fault bars recovery:** if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section _(verified: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 31.600 _(verified: appears in its own passage below)_

## What the source says

> Contributory negligence shall not bar recovery in an action by any person or the legal representative of the person to recover damages for death or injury to person or property if the fault attributable to the claimant was not greater than the combined fault of all persons specified in subsection (2) of this section, but any damages allowed shall be diminished in the proportion to the percentage of fault attributable to the claimant.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

> 31.600 Contributory negligence not bar to recovery; comparative negligence standard; third party complaints.

## Source

- https://www.oregonlegislature.gov/bills_laws/ors/ors031.html

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).