Salem, Oregon — The ski industry in Oregon is at a crossroads.
The ski and recreation industries in the state are continuing to deal with the fallout of a 2014 Oregon Supreme Court decision. This ruling against Mt. Bachelor limited the liability waiver protections that are supposed to be protect operators. This has led to rising insurance prices in the region, with only one provider remaining that covers the ski industry. So far, the impacts have included the permanent closure of mountain biking at Mt. Hood Ski Bowl and an increase in prices at Timberline Lodge. If damaging verdicts continue to happen, ski areas are at risk of closure. In response, one lawmaker plans to introduce new protections for the ski and outdoor recreation industry.
OPB reports that Senator Mark Meek (D-Gladstone) intends to introduce legislation requiring users to sign liability waivers before participating in activities, such as shredding at a ski resort. This is similar to laws in Washington and other nearby states. While the bill isn’t officially published, it’s expected to be introduced in the short session in 2026. He introduced a similar bill during this year’s session. However, it didn’t get a vote despite bipartisan support.
Ski resorts are already coming out in support of this new bill, including Timberline Lodge.
“We’ve got a problem in Oregon where we’re out of balance and it’s the Legislature’s role in my view to bring that back into balance,” said Jeff Kohnstamm, the operator of Timberline Lodge. “We consider ourselves a recreation state, but we don’t have the legal infrastructure to allow that to happen.”
The argument against these types of laws is that they would give users rights away, even if the ski resort or other recreation operators made a mistake. On the other hand, those who sue don’t appear to recognize that they’re engaging in inherently dangerous sports that also involve personal decision-making.
Here’s what Hans Bernard, a lobbyist who works for the Oregon Trial Lawyers Association, said regarding the ski industry’s pleas:
“You have heard repeatedly from ski operators that their insurance rates were rising unsustainably, that they were struggling to get coverage, and they were on the verge of going out of business..
Each year these operators raise their lift ticket prices as they had done nearly every year in the decades before the Bagley decision, and we have yet to see any of them cease operations.”
A few responses to that. There technically was one recent closure in Oregon’s ski industry: Spout Springs. It’s been abandoned since the late 2010s, and insurance was one of the factors in its closure. With the insurance issue, it’s likely made a revival more difficult.
Secondly, here’s what Andrew Gast, the GM of the non-profit Mt. Ashland Ski Area, said this past summer about the liability situation.
“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.”
I’d say this is an issue that the skiing and riding community, whether it be Oregonians or tourists to the state, should be engaged with. We’ll keep you posted on this and how you can help this legislation reach the Governor’s desk.
Image/Video Credits: Kurt van Krieken, PeakRankings
