Oregon Castle Doctrine
The Oregon Castle Doctrine makes changes to Oregon statutes. The principle behind the Oregon Castle Doctrine is simple: My home/property is my castle, and I should be able to protect myself from those who do not belong. This measure has two distinct, yet equally important parts.
The first part of the Oregon Castle Doctrine provides that if a person is on your property, committing a crime, and you as the property owner use deadly physical force in order to protect yourself or another person who is lawfully on your property, the Oregon Castle Doctrine presumes that your use of such deadly force is justified.
Currently in Oregon, a homeowner is only allowed to use deadly force against an intruder if the intruder posed an “imminent deadly threat” to either the homeowner or the homeowner’s family. This means that Oregon law forces a homeowner to choose between protecting him/herself and/or the homeowner’s family, and deciding whether an intruder poses an imminent deadly threat. No homeowner should be forced into making such a decision. The Oregon Castle Doctrine makes it clear that you have a right to protect your home.
The second part of the Oregon Castle Doctrine says that if a person is trespassing on your property and through no fault of your own injures him or herself, that person is not allowed to file a law suit against you. Under the currently law, if a person is trespassing on your property and injures him or herself, you could be sued – even though the person was trespassing on YOUR land! The Oregon Castle Doctrine makes it clear to trespassers that if you decide to trespass, you do so at your own risk. Law abiding property owners should not be forced to pay for injuries someone sustained while violating your property rights.
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