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Bill of the week: Senate Bill 754
Sponsors: Sens. Aaron Woods (D-Wilsonville), Bill Hansell (R-Athena) and Daniel Bonham (R-The Dalles), and Rep. John Lively (D-Springfield)
What it would do: Allow the operators of recreational businesses, such as rafting outfitters, ski resorts, gyms and bicycle paths, to require that participants “release operator from claims for ordinary negligence.”
Problem it seeks to solve: People in the recreation business argue that the standard liability waiver that their customers sign does not actually shield them from liability. “We do have waivers in Oregon, but in 2014, the Oregon Supreme Court effectively said the waivers aren’t enforceable,” says Jim Zupancic of the Oregon Health & Fitness Alliance.
The group Protect Oregon Recreation says Oregon is out of step with other Western states, which offer operators more liability protection. “In 2021, Next Adventure was the target of an opportunistic lawsuit which came very close to destroying our business,” said Deek Heycamp, president of the outdoor sporting goods retailer, in testimony for the bill. “Just a few years ago we offered our customers a robust schedule of trips, tours, classes, and clinics to help them learn to use the outdoor gear that we sell. Due to the lawsuit, we made the decision to shut down all outdoor programming.”
Who supports it: Protect Oregon Recreation represents more than 100 members, including all the state’s ski resorts, gyms like the Multnomah Athletic Club, the Hood to Coast race series, and some unexpected nonprofits, such as the Opal Creek Ancient Forest Center.
Who opposes it: One of Salem’s most potent forces, the Oregon Trial Lawyers Association, whose members represent accident victims. “This bill would allow a recreational facility’s negligence to go unchecked—it gives them blanket immunity and reason to not follow safety standards,” says OTLA lobbyist Arthur Towers. “Businesses who cut corners on safety to ‘save’ on costs will be treated the same as those who go the extra mile prioritizing safety for their customers. Oregonians deserve better.”
OTLA will present testimony from Myles Bagley, a snowboarder who suffered a catastrophic crash at Mount Bachelor in 2006. “I was just 18 years old and an expert snowboarder when my life was forever changed by their defective man-made jump design,” Bagley says. “I’ll never walk again, and I can’t stomach the idea of that happening to someone else with no accountability or incentive for businesses and corporations to ensure safety for their patrons.”
The bill gets its first hearing Feb. 15 before the Senate Judiciary Committee.