
"The issue dates back to a 2014 ruling by the Oregon Supreme Court stemming from a snowboard injury case at Mt. Bachelor. In that decision, the court determined that certain liability waivers signed by recreation participants could be considered "unconscionable contracts," effectively weakening their enforceability."
"After the ruling, lawsuits against recreation providers increased, and insurers began reassessing their exposure in the state. Many carriers either raised premiums dramatically or left Oregon altogether, leaving ski areas, gyms, and outdoor guides facing much higher insurance costs or difficulty obtaining coverage at all."
"Liability waivers are the documents skiers and snowboarders sign before getting on a chairlift or participating in guided activities like rafting trips. They are a cornerstone of the recreation industry because they help define the inherent risks participants accept when engaging in outdoor activities."
Oregon's outdoor recreation industry faced a severe liability insurance crisis stemming from a 2014 Oregon Supreme Court decision that weakened the enforceability of liability waivers. Following this ruling, lawsuits against recreation providers increased significantly, prompting insurers to raise premiums dramatically or exit the market entirely. By the most recent season, only one insurer remained available for ski areas in Oregon. Senate Bill 1517B passed with overwhelming support—55-2 in the House and unanimously in the Senate—to restore legal protections for liability waivers. The legislation aims to stabilize the insurance market and help ski resorts and outdoor recreation businesses maintain affordable coverage.
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