Legislative proposals would have restored long-standing, balanced approach that exists in every other Western state
BEND, Ore. – The Pacific Northwest Ski Areas Association (PNSAA) issues this statement in response to Oregon legislative leadership’s failure to pass House Bill 3140 and Senate Bill 1196 – bipartisan measures aimed at reinstating the balanced enforceability of adult recreational liability waivers.
For several sessions spanning 10 years, Oregon’s ski areas have joined the outdoor recreation community in warning lawmakers of the growing crisis created by the Oregon Supreme Court’s 2014 decision in Bagley v. Mt. Bachelor, which invalidated the use of recreational liability waivers. This precedent makes Oregon the only western state where waivers are effectively unenforceable, placing safe and affordable recreation – including on public lands – at growing risk.
Inaction Despite Bipartisan Support and Mounting Risk
House Bill 3140 was sponsored by a majority of Oregon’s House of Representatives. Despite an overwhelming number of direct calls for support from within his own district – Representative Jason Kropf (D-Bend), Chair of the House Judiciary Committee, refused to give the bill a hearing, effectively killing the bill. Senator Mark Meek (D-Oregon City) then amended the legislative concept into SB 1196 and passed it out of the Senate Finance and Revenue Committee. That bill then died on the Senate President’s desk, despite having votes to spare on the Senate Floor.
Together, HB 3140 and SB 1196 were sponsored by 44 of the Oregon Legislature’s 90 members.
This session’s failure to act is the latest in a 10-year pattern of dismissing the issue and makes it abundantly clear that Oregon’s outdoor recreation economy is not a priority for Oregon’s legislative leaders. It’s a stark contrast to neighboring Washington, where recreation providers are regularly and strongly supported by an outdoor recreation legislative caucus.
Opposition Defends Lucrative Business Model with Misinformation
The only organized opposition to reform efforts has come from a small, but politically powerful group of personal injury attorneys who uniquely benefit from Oregon’s current legal climate. These attorneys have obtained significant sums in attorney’s fees from insurance companies since the Bagley case – far more than attorneys in neighboring states – by bypassing judicial discretion and forcing every case to a costly trial, which has resulted in spiking settlements across the state. In public hearings, these attorneys engaged in misinformation and presented misleading case instances involving injured parties whose outcomes would not have been affected by the legislation.
Oregon Ski Industry Now Facing Unprecedented Insurance Crisis
In May, one of the two primary insurers for Oregon ski areas, Safehold Special Risk, announced its departure from the state. Safehold reported that more than half of its nationwide excess losses stemmed from Oregon alone – despite Oregon’s ski areas being considered among the best-managed in the country.
Never before, in the modern history of the sport, has a ski state been down to a single primary insurer. And insurance industry experts – both within and beyond the ski industry – say it’s likely only a matter of time before Oregon is down to none. Yet, despite repeated, clear warnings, Oregon’s legislative leaders refused to act.
Ripple Effects Across All Recreation Providers
The impacts extend beyond ski areas. Gyms, fitness instructors, river guides, avalanche educators, and other providers are increasingly unable to obtain affordable liability insurance or unwilling to accept the significant legal uncertainty that comes with operating in Oregon.
Insurers are not the problem. The lack of enforceable liability waivers is. By any reasonable metric, Oregon is now the least supportive ski state in the nation—and the warning signs are flashing across the broader recreation and fitness sectors.
The Oregon Legislature Holds the Responsibility
Without legislative reform, Oregon’s ski industry, including non-profit small ski areas, faces an existential threat this winter. And the ski industry’s crisis today will continue to become the rest of the recreation industry’s crisis tomorrow. Responsibility now lies squarely with the Oregon Legislature—and particularly with the few legislators who deliberately blocked this common-sense reform.
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The Pacific Northwest Ski Areas Association is a non-profit trade association, which represents the interests of ski and snowboard facilities located in Oregon, Washington, Alaska, Idaho, Montana, and northern California. The Association’s member ski areas – most of which operate on public land – collectively host over 5 million visits annually. For additional information on Pacific Northwest skiing and snowboarding, contact the PNSAA office at (877) 533-5520, or visit www.pnsaa.org to learn of best safety practices while playing in the mountains of the pacific northwest.
