Outdoor Liability Bill Reaches the Summit

Get smashed by a snowmobile driven by ski hill employee? That’s gross negligence — you’d have a liability lawsuit on your hands. Break your foot because a kettle bell slipped from your grip? That’s ordinary negligence — maybe the gym owner should have a glove policy — and you’re outta luck.

Outdoor recreation and fitness providers, along with volunteer organizations, will enjoy a heightened protection against liability lawsuits, once Gov. Tina Kotek signs Senate Bill 1517 into law.

Oregon lawmakers passed Senate Bill 1517, with the House voting 55-2 on March 5 and the Senate voting 29-0 the following day.

Central Oregon lawmakers, Rep. Jason Kropf, Sen. Anthony Broadman and Rep. Emerson Levy all voted for the bill. In doing so, Kropf and Levy made good on a promise they made at a City Club of Central Oregon forum on Jan. 8, where both agreed to hammer out the issue that has bedeviled recreation and fitness operators throughout the state since the Oregon Supreme Court denied the enforceability of liability waivers with its ruling on Bagley v. Mt. Bachelor in 2014. Previous bills that sought to address the liability issue died in work committee, the Source reported.

“From rafting and climbing to hiking and hunting, outdoor recreation fuels our local economies and our way of life,” Levy said in a press release. “By improving liability protections, we’re helping preserve access to insurance so these businesses can keep serving Oregonians and visitors alike.”

Kropf, a trial lawyer by trade, said he’d previously found the language in previous iterations of the bill, surrounding liability, too vague. In a statement, Kropf said: “Oregon’s unmatched outdoor recreation is a major reason people love living here, myself included. This legislation supports the businesses and operators who power that industry while establishing clear, workable safety standards.”

SB 1517 offers more protection to an operator — defined as someone who offers a person the opportunity to participate in a sport, fitness or recreational activity or operates or provides a facility or place where person does those things. But the bill doesn’t let them off scot-free. Claims for negligence greater than ordinary negligence are enforceable. Liability waivers, which apply to adults 18 and up and adults signing on the behalf of minors, don’t release operators from the responsibility of maintenance or inspection of equipment used in connection with the sport, fitness, recreation activity or volunteering. Poorly trained employees, whose actions cause injuries, are also not protected by SB 1517.

In a press release, Kotek spoke approvingly of the bill.

“Oregonians and visitors enjoy all the opportunities our state provides to be outside and recreate in all kinds of ways,” Kotek said. “The bill strikes a balance that protects the ability of people to enjoy incredible place and have amazing experiences while giving outdoor recreation businesses the certainty they need to operate and grow.”

John Merriman, the president and general manager of Mt. Bachelor, was also supportive, citing the “much-needed stability in the insurance market for operators.

“On behalf of Mt. Bachelor and Sun Country Tours, I want to express my gratitude to Rep. Levy and the Oregon legislature for their hard-fought work toward a solid compromise on waiver reform.”