- (1) Irrespective of any criminal prosecution or the result of a criminal prosecution, a person injured by a violation of ORS 163.263, 163.264 or 163.266 may bring a civil action for damages against a person whose actions are unlawful under ORS 163.263, 163.264 or 163.266.
(2) Upon prevailing in an action under this section, the plaintiff may recover:
- (a) Both special and general damages, including damages for emotional distress; and
- (b) Punitive damages.
- (3) The court shall award reasonable attorney fees to the prevailing plaintiff in an action under this section. The court may award reasonable attorney fees and expert witness fees incurred by a defendant who prevails in the action if the court determines that the plaintiff had no objectively reasonable basis for asserting a claim or no reasonable basis for appealing an adverse decision of a circuit court.
(4) An action under this section must be commenced within 10 years after the following, whichever occurs later:
- (a) The date on which the conduct giving rise to the claim ceases; or
- (b) If the plaintiff was a minor when the conduct giving rise to the claim occurred, the date on which the plaintiff attains 18 years of age.
[2007 c.811 §9; 2023 c.217 §7]