Oregon Statutes 477.125 – Liability of forest protective associations, rangeland protection associations and public bodies; limitations
(1) A forest protective association, rangeland protection association as defined in ORS § 477.315 or public body as defined in ORS § 174.109, or a person acting as an agent of a forest protective association, rangeland protection association or public body, is not liable for any injury to persons or property resulting from carrying out the provisions of this chapter or while acting within the scope of a duty imposed by this chapter.
Terms Used In Oregon Statutes 477.125
- association: means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire. See Oregon Statutes 477.001
- District: means a forest protection district organized under ORS § 477. See Oregon Statutes 477.001
- Forester: means the State Forester or authorized representative. See Oregon Statutes 477.001
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
(2) The exemption from liability provided by subsection (1) of this section does not apply to any injury to persons or property resulting from willful misconduct or gross negligence.
(3) An employee of a forest protective association, or a person acting as an agent of a forest protective association, is an agent of a public body acting within the scope of their duties for purposes of ORS § 30.260 to 30.300, if the person:
(a) Engages in fire fighting activities occurring on lands located outside of the forest protection district in which the association is located; and
(b) Acts under the direction and control of the forester. [2003 c.54 § 2; 2005 c.105 § 1; 2007 c.808 § 4; 2016 c.69 § 1]