Bipartisan bill seeks to reverse ski resort liability ruling

By GARY A. WARNER
Oregon Capital Bureau

A bipartisan bill submitted late Wednesday would reverse a landmark ruling by the Oregon Supreme Court that found liability waivers signed by visitors using the Mt. Bachelor ski resort were unenforceable. 

Senate Bill 754 would reverse the liability standard that affects ski resorts and other operators of businesses where guests can be injured.

In 2006, 18-year-old Myles Bagley was paralyzed when he crashed while jumping in a terrain park at the ski area. Bagley sued, seeking $21.5 million.

The Deschutes County Circuit Court and the Oregon Court of Appeals ruled that by signing a liability release when he bought his season pass, Bagley had waived his right to sue.

In December 2014, the Oregon Supreme Court overturned the earlier rulings.

The liability ruling has created concerns for raft guides, bicycle rental companies and other smaller recreational operations that require customers to sign liability waivers. 

The new legislation lists three chief sponsors: Sen. Aaron Wood, D-Salem; Sen. Bill Hansell, R-Athena; and Rep. John Lively, D-Springfield. Supporting co-sponsors are Senate Minority Leader Tim Knopp, R-Bend; Rep. David Gomberg, D-Lincoln City; and Rep. Ken Helm, Beaverton. 

Knopp introduced a bill in 2014 to limit liability for injuries by visitors to ski areas, but it died at the end of the session.

Discussions on a compromise have run up against opposition for the Oregon Trial Lawyers Association, a major lobbying force in the Capitol.

The court ruling was in the case of Bagley v. Mt. Bachelor, Inc.

The ruling has been broadly interpreted to render liability releases signed by people involved in skiing and other activities as unenforceable.

The bill was scheduled to get its first reading and be assigned to a committee during Thursday’s Senate meeting. 

This is a developing story and will be updated with more information.