When it comes to bills that need to pass Oregon’s legislature, one would think they would pass a bill that helps keep the state’s ski industry viable. But that’s not what happened.
Senate Bill 1196 would have added new legal protections for ski resorts. In Oregon, the liability waivers signed by guests aren’t enforceable due to a 2014 Oregon Supreme Court ruling, leading to many lawsuits in recent years. Opponents argued that it would have taken away a recreationist’s rights when they suffer injuries.
The Salem Statesman Journal reports that this bill didn’t even get a vote before the end of the legislative session. It’s believed that the bill had the votes to pass through both chambers of Oregon’s congress.
A lack of liability enforceability has led to expensive costs for ski resorts from insurance companies, who are starting to leave the state. Last month, Safehold Special Risk announced that it would no longer provide coverage in the state of Oregon. This insurance provider gave coverage to Timberline (which lost its insurance on May 30th), Mt. Hood Meadows, and more Oregon ski areas.
In their letter to Oregon’s legislature, the claims manager for Safehold cited the state as being “an extreme outlier.” The state of Oregon accounts for 20% of their losses up to $1 million, and 50% of losses from $1 to $10 million. Now, only one insurance provider remains for Oregon ski areas, which means that entity could increase its prices even further.
Concern about the future has already been expressed by various ski resorts in the state. Timberline Lodge chimed in on the matter:
“We are deeply disappointed — the failure to advance SB 1196 has real, tangible impacts on communities across our state,” said John Burton of Timberline Lodge to the Statesman Journal. “To be candid, the outlook for Timberline has become very challenging. It’s difficult to forecast exact impacts without knowing what, if any, insurance options might be available — but we are preparing for the possibility of hard choices.”
Timberline isn’t the only ski resort that’s concerned about the impact of liability on its future. Here’s what Andrew Gast, the General Manager of Mt. Ashland, told Oregon lawmakers in a hearing last month:
“If that insurer [presumably refering to the last Oregon insurer] pulls out, as others already have, due to Oregon’s unique liability environment, we will not be able to operate. That’s not an exaggeration. The situation is precarious.”
This news follows a somewhat similar situation unfolding in Idaho, Oregon’s next-door neighbor. After a ruling that risked liability protections for ski resorts, the Idaho Supreme Court reversed its decision, but questioned the state’s “standard of care,” which assisted the ski industry against lawsuits. Following the ruling, a top Idaho congressional leader called for legislation to further protect the ski industry.
I think it’s fair for skiers and riders to call for a special session of Oregon’s legislature to address this problem. Those in Oregon’s outdoor recreation industry should continue to speak out about the seriousness of this situation, as time is of the essence.
Image Credits: Timberline Lodge
