Oregon Tort Claim Notice

Introduction

Key Things to Know

1. 1

   The deadline is strict, and missing it can bar the claim. Under ORS 30.275(2), notice is due within 180 days after the alleged loss or injury, or within 1 year for wrongful death. Reading the statute or contacting the public body's risk management office confirms the current rule.

2. 2

   The notice period does not include up to 90 days during which the injured person is unable to give notice because of the injury or because of minority, incompetency or other incapacity. Notice is not required if the claimant was under 18 when the acts or omissions occurred, the claim is against the Department of Human Services or the Oregon Youth Authority, and the claimant was then in that agency's custody under the statute's listed custody orders (ORS 30.275(8)).

3. 3

   Under ORS 30.275(3), the notice requirement is satisfied by formal written notice, by actual notice as the statute defines it, by commencing an action on the claim within the notice period, or by payment of all or any part of the claim by or on behalf of the public body at any time.

4. 4

   Formal notice of a claim against the State goes to the Office of the Director of the Oregon Department of Administrative Services, by mail or personal delivery (ORS 30.275(5)(a)).

5. 5

   Formal notice of a claim against a city, county or other local public body goes to the public body at its principal administrative office, to any member of its governing body, or to an attorney the governing body has designated as its general counsel, by mail or personal delivery (ORS 30.275(5)(b)).

6. 6

   Formal notice states that a claim for damages is or will be asserted against the public body or its officer, employee or agent, describes the time, place and circumstances giving rise to the claim so far as known, and gives the claimant's name and a mailing address for correspondence.

7. 7

   Except as provided in ORS 12.120, 12.135 and 659A.875, a lawsuit on the claim must be commenced within 2 years after the alleged loss or injury (ORS 30.275(9)), so track that date from the start.

Oregon Requirements for Notice of Claim

• 180-Day Notice Deadline

  ORS 30.275(2): notice is due within 180 days after the alleged loss or injury, or 1 year for wrongful death, excluding up to 90 days of injury-related inability, minority, incompetency or other incapacity.

• Ways to Give Notice

  ORS 30.275(3): formal notice, actual notice, commencing an action within the notice period, or payment of all or any part of the claim by or on behalf of the public body.

• State Claim Recipient

  Formal notice of a claim against the State goes to the Office of the Director of the Oregon Department of Administrative Services, by mail or personal delivery.

• Local Claim Recipient

  ORS 30.275(5)(b): the public body at its principal administrative office, any governing body member, or its designated general counsel, by mail or personal delivery.

• Two-Year Suit Deadline

  ORS 30.275(9): except as provided in ORS 12.120, 12.135 and 659A.875, an action must be commenced within 2 years after the alleged loss or injury.

• Damages Limits for 2026-27

  Causes arising July 1, 2026 to June 30, 2027: State injury or death $2,708,100 single, $5,416,200 multiple; local $902,700 single, $1,805,300 multiple; property $148,100 single, $740,300 multiple.

• Required Notice Contents

  State that a claim for damages is or will be asserted, describe the time, place and circumstances so far as known, and give the claimant's name and mailing address.