(Photo | by Ignat Kushanrev)
Controversy & Support for HB 3140
A new bill in Oregon has the potential to restore some power to outdoor recreation businesses, as it aims to seek stronger protections from lawsuits when people are injured while skiing at a resort, taking a guided tour, or any other service in the realm of outdoor recreation.
Oregon House Bill 3140 seeks to do so by restoring the right of these outdoor recreation businesses to implement liability waivers; the document guests would have to sign before hopping on a lift to absolve the resort of any legal liability, outside of cases of gross negligence.
Similar bills have been attempted and failed. Oregon saw an attempt in 2015 and another in 2023, but both bills died before reaching the governor’s desk. Now, HB 3140’s current status is “in House Committee.”
The bill states that, “an operator of a recreational service may require a person who engages in a sport, fitness, or recreational activity to release the operator from claims of ordinary negligence,” thus providing a layer of legal protection to associated businesses and services.
While many readers will likely assume these protections were already in place, there have been events in our local history that have changed the way these waivers operate. In 2006, an 18-year-old snowboarder was left paralyzed after attempting an expert level jump at Mt. Bachelor Ski Resort.
Lawyers representing the injured individual argued that the resort was responsible because the jump’s design was flawed and the liability waiver he signed — when he purchased a season pass — was “unconscionable.”
In 2014, the Oregon Supreme Court Ruled that the waiver in question was in fact an, “unconscionable contract,” which then opened up more businesses to similar lawsuits. Opponents of this change (and supporters of HB 3140) say that the financial stress for businesses can be too much, citing spiking insurance costs.
The unofficial tagline, it might seem, for the supporters of HB 3140 lies in the sentiment shared by Rep. Jeff Helfrich, R-Hood River, one of the bill’s sponsors, who said that “while the bill does give recreation businesses additional liability protection, it doesn’t protect against gross negligence,” meaning that injured parties could still get their day in court.
Jordan Elliott, president of the Pacific Northwest Ski Areas Association, said that the bill, “restores balance and offers protection from a wave of lawsuits that’s led to Oregon recreation business facing far higher insurance costs than neighboring states.”
A similar concern over spiking insurance costs came from Jeff Kohnstamm, whose family owns and operates Timberline Lodge. Kohnstamm said that he, “fears the date when we can’t get insurance for recreation is coming,” stating concerns over shutting down operations.
However, opponents of the bill state that it would provide these businesses a “free pass.” In 2021, a man from Tacoma, Washington watched his nine-year-old son die in a skiing accident at Mt. Bachelor, which resulted in a $49 million lawsuit. The man said, “Without the ability to hold them accountable through judicial process and juries, I believe ski resorts would have little incentive to take responsibility for their errors. Errors that forever impact families like mine.”
This sentiment was shared by other opponents to the bill, while supporters shared the sentiment that the bill, by not covering gross negligence, still allows victims and their families a chance in court.
Another voice on this bill comes from outside the world of skiing (and big budgets). Neyssa Hays, owner of Outdoor Education Adventures, pays more than $7,000 per year for liability insurance, despite never having a single claim in the 8 years that they have been in operation. She said, “Oregon should be a leader in outdoor accessibility, but without action, these liability standards will make recreation less affordable and less available to those who need it most.”
Coming from EDCO, or the Economic Development of Central Oregon, the CEO Jon Stark said the following, “By ensuring that recreational liability waivers are in place, HB 3140 fosters a safer and more accessible environment for outdoor businesses and products to thrive. With reduced risk, companies can expand access to the public, allowing outdoor products to reach a wider audience. This drives economic growth in Central Oregon, where outdoor tourism and recreation are vital sectors. Additionally, it enhances our capability to showcase and distribute products from local businesses, fueling industry innovation and community development.”
olis.oregonlegislature.gov/liz/2025R1/Measures/Overview/HB3140
