The Restore Justice for Survivors coalition is a diverse group of allies calling on state lawmakers to protect the rights of Oregonians who have suffered injury due to the negligence of another by allowing juries to decide case by case justice based on the facts.

The issue

A May 2016 ruling by the Oregon Supreme Court reversed the will of the voters and severely restricted the rights of people who have been harmed due to the negligent actions of others.  Now there is a very low, arbitrary, one-size-fits-all cap on what a jury can decide is fair when holding wrongdoers accountable.

What it means

Oregonians’ right to a fair jury trial is at risk and almost all cases will no longer be decided based on the facts, on a case-by-case basis.

Who is affected

Any Oregonian who seeks justice. The severely injured, paralyzed, disfigured, or traumatized will face the harshest effects. Survivors of sexual abuse, elder abuse or other life-changing events causing long-term trauma will be impacted. The cap also impacts those who have suffered from discrimination or fraud.

What to know

  • The cap is arbitrary and in place no matter the facts of the case, even in cases of serious harm or abuse. No matter how great the injury or disability or how egregious the negligence, the cap stands.
  • The cap is in place no matter what a jury decides – and jurors only learn of the cap after they have issued their ruling.
  • The cap reduces incentives for corporations and other wrongdoers to behave responsibly.
  • The cap allowed by the Court is counter to the will of the voters. Oregon voters twice rejected compensation caps – Measure 81 in 2000 and Measure 35 in 2004. Measure 81 was rejected by a 2-1 margin.
  • The cap allowed by the Court in 2017 dramatically changes the rules on a system that has worked well. In 1999, the Oregon Supreme Court, in a unanimous decision, banned compensation caps in cases involving injury, abuse, or fraud.
  • The  cap allowed by the Court moves Oregon from a state leading in protecting its citizens’ fundamental, constitutional right to a jury trial to one of the five most restrictive in the country.

House Bill 2014

  • Restores authority for juries to make decisions about injuries based on a case-by-case basis in almost all cases
  • Restores ability to hold private corporations and institutions accountable when they are negligent or cause harm.  
  • Restores justice for survivors. HB 2014 will eliminate the cap of $500,000 allowed by the Court.

Coalition Members

ACLU Oregon
American Federation of Teachers – Oregon
Brian Injury Alliance of Oregon
Bus Project
Common Cause Oregon
Crime Victims United
Disability Rights Oregon
Fight Against Sex Trafficking (FAST)
Godly Response to Abuse in the Christian Environment (GRACE)
Good Deeds
In Our Backyard
National Center for Victims of Crime
Oregon Abuse Advocates and Survivors in Service (OASIS)
Oregon and Southwest Washington Families for Safe Streets
Oregon Coalition Against Domestic and Sexual Violence
Oregon Commission on Disabilities
Oregon Consumer League
Oregon Sexual Assault Task Force (SATF)
Oregon State Council for Retired Citizens
Oregon Trial Lawyers Association
Rebecca Bender Initiative
SEIU Oregon State Council
Street Trust (formerly Bicycle Transportation Alliance)
Survivors Network of Those Abused by Priests (SNAP)
United Seniors of Oregon