The Oregon Tort Claims Act, codified at ORS 30.260 through 30.300, requires written notice to a public body within 180 days of the injury for most claims, and within one year for wrongful death. ORS 30.275 sets the notice rule and ORS 30.265 defines who is covered. A claim that misses the notice deadline is barred, even if the underlying case is strong.

What counts as a 'public body'

ORS 30.260 defines public bodies broadly. The category covers far more than the State of Oregon itself. It includes:

State agencies. ODOT, OHSU, Oregon State Police, Oregon State Hospital.
Counties, including Yamhill County government and the Sheriff's Office.
Cities, including the City of McMinnville and city police departments.
School districts and community college districts.
Special districts: fire, water, transit, port, and parks districts.
Officers, employees, and agents of any of the above, when acting in the scope of employment.

Why it matters who hit you

A pothole on Highway 99W is ODOT. A pothole on Third Street in McMinnville is the City. A school-bus crash is the school district. A jail injury is the County. Identifying the right public body, and there can be more than one, is the first step toward giving the right notice on the right timeline.

The deadlines under ORS 30.275

Two deadlines matter and they are not the same:

Personal injury and property damage claims: 180 days from the injury or loss.
Wrongful death claims: one year from the death.
Claims by a minor or by a person under a legal disability: tolling rules may apply, but should not be relied on without counsel.

What the notice must contain

The notice must be a formal, written communication identifying the claimant, the time and place of the incident, and a statement that a claim for damages is being made. It must be delivered to the office authorized by statute for that public body, typically the city or county recorder, the agency director, or the Department of Administrative Services for state claims. Sending the notice to the wrong office, or to the responding officer rather than the legal department, can defeat the notice.

Actual notice

ORS 30.275 recognizes 'actual notice' as a substitute for formal written notice, but the standard is strict. Filing a police report or talking to an adjuster is not actual notice. Substantive correspondence with the public body's risk-management office, identifying the claim and the demand, may qualify. Relying on actual notice without a written follow-up is a gamble.

The damages cap

Even when a notice is timely and the case is strong, the Tort Claims Act limits the amount that can be recovered against a public body. The caps are adjusted by statute and grow modestly each year. The current caps should be verified with counsel before any settlement decision, because they shape the realistic value of the claim.

Common pitfalls

The most common ways a public-body case dies before it begins are: identifying only the private party that was involved and missing the public-body angle (a contractor working under a state contract, for example); sending notice to the wrong office; assuming an insurance claim is the same as a tort-claim notice; and waiting because the injury seemed minor at first. The 180-day clock runs whether or not the injured person has decided to sue.

If you were hurt and the at-fault driver, agency, or property owner is, or might be, a public body, call us early. The first consultation is free, and the calendar is unforgiving.

Suing a Public Body in Oregon: The 180-Day Tort Claim Notice