Competing Bills Leave Oregon's Recreation Industry in Limbo as the State's Legislative Session Nears its End - SnowBrains

"Since a 2014 ruling by the Oregon Supreme Court effectively nullified the enforceability of many liability waivers, the fallout has been significant. Insurance carriers have exited the state. Premiums have climbed sharply. Some recreation amenities have been scaled back or eliminated. In certain cases, businesses have closed their doors altogether."

"According to written testimony submitted to lawmakers, insurers confirmed they left Oregon because of the litigation environment created after the 2014 court decisions. They also warned that SB 1517, as written, would not provide the predictability needed to bring carriers back. The concern centers on a series of broad conditions and exceptions layered into the bill."

"Critics say those exceptions are so expansive that waivers would rarely be upheld in practice, leaving businesses exposed and insurers unconvinced. Supporters of reform say the consequences are no longer theoretical. They are visible in higher prices for families, fewer program offerings, and growing uncertainty for small businesses that depend on liability waivers to operate."

Oregon faces an ongoing liability waiver crisis stemming from a 2014 Supreme Court ruling that undermined waiver enforceability. This decision triggered significant consequences: insurance carriers abandoned the state, premiums increased substantially, and recreation providers reduced or eliminated amenities. Some businesses closed entirely. Families now face higher prices and fewer program options. Legislators and the Protect Oregon Recreation coalition are pursuing solutions. SB 1517, recently passed by the Oregon State Senate, claims to make recreation safe, affordable, and insurable. However, recreation advocates and insurers contend the bill fails to restore meaningful waiver enforceability and may worsen the crisis. Insurers testified that broad conditions and exceptions in SB 1517 are too expansive, preventing waivers from being upheld in practice. An alternative approach is embodied in SB 1593.

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