Industry News
After years of uncertainty and rising insurance costs, lawmakers in Oregon have passed legislation designed to restore some legal protection for the liability waivers used by ski areas, outfitters, and recreation providers across the state.
Senate Bill 1517B cleared the Oregon House of Representatives in a 55–2 vote on March 5 and passed the Oregon State Senate unanimously the following day. The bill now heads to Governor Tina Kotek for her signature. Supporters hope the measure will help stabilize a liability insurance crisis that has been threatening ski resorts and outdoor recreation businesses throughout Oregon.
A Decade-Long Problem
The issue dates back to a 2014 ruling by the Oregon Supreme Court stemming from a snowboard injury case at Mt. Bachelor. In that decision, the court determined that certain liability waivers signed by recreation participants could be considered “unconscionable contracts,” effectively weakening their enforceability.
Liability waivers are the documents skiers and snowboarders sign before getting on a chairlift or participating in guided activities like rafting trips. They are a cornerstone of the recreation industry because they help define the inherent risks participants accept when engaging in outdoor activities.
After the ruling, lawsuits against recreation providers increased, and insurers began reassessing their exposure in the state. Many carriers either raised premiums dramatically or left Oregon altogether, leaving ski areas, gyms, and outdoor guides facing much higher insurance costs or difficulty obtaining coverage at all. This past season, only one insurer remained for ski areas.
Insurance Costs and Industry Pressure
The ripple effects have been felt across Oregon’s outdoor recreation economy. Ski resorts and recreation providers warned that the state’s legal environment had become unpredictable for insurers. Without clearer liability protections, they argued, the insurance market would remain unstable.
Advocates say the consequences have already been visible in the form of higher prices for customers, reduced programming, and growing financial pressure on smaller recreation operators. Efforts to fix the problem have surfaced repeatedly in the state legislature, but previous attempts stalled amid opposition from the Oregon Trial Lawyers Association, which argued that liability reform could make it harder for legitimately injured people to pursue lawsuits.
A Compromise After Legislative Gridlock
Earlier this year, the issue returned to the forefront of the legislative session as competing proposals attempted to address the crisis. Recreation advocates pushed for broader reforms that would clearly restore enforceable waivers, while other lawmakers supported more limited changes.
Momentum shifted when Governor Kotek stepped in and pushed legislators to reach a compromise. The result was SB 1517B, which restores some legal strength to liability waivers while including several exceptions designed to preserve consumer protections.
Questions About Its Impact
Despite the celebratory tone following the bill’s passage, some recreation advocates remain cautious. Organizations representing outfitters and guides say the law is a step forward but warn that the added exceptions could still create legal uncertainty compared to neighboring states.
The organization Protect Oregon Recreation, which has worked tirelessly to restore liability waivers in Oregon, applauded the bill in a press release:
“The 2026 legislative session provides a waiver reform structure that reflects significant compromises—many of which we appreciate and most of which we feel confident we can work with. While there are a few remaining items that still raise concerns, we are reasonably hopeful that this bill will make a meaningful difference for the insurance market. We’re optimistic that the amendment clears the House and Senate and earns the Governor’s signature, supporting the state’s roadmap to prosperity.
We appreciate the work of all parties involved over the last decade by collaborative stakeholders including: The Oregon Health and Fitness Alliance, The Oregon Outfitters and Guides Association, The Pacific Northwest Ski Areas’ Association, The Oregon Trails Coalition, River and Trail Keepers, statewide municipalities and DMO’s, a broad array of legal counsel, and the principled integrity provided by Kancler Consulting.
The recreation and fitness community thanks Governor Kotek for her attentiveness, and we are proud of our legislative champions, including Sen. Meek, Rep. Levy, Rep. Helfrich, who worked tirelessly on behalf of their constituents.”
— Protect Oregon Recreation
According to Jordan Elliot, the president of the Pacific Northwest Ski Area Association, the first report of insurers adjusting to normalized predictability has already come in. A ski and bike rental shop was told by its insurance company that it would get a “normal” deal, after being told its rates would go up exponentially before the new bill. Hopefully, this is just the start of the Oregon insurance market beginning to normalize.
Additionally, Mt. Hood Meadows sent out an email of gratitude to its followers, where it thanked recreation partners and supporters for helping pass SB 1517B, calling it an important step toward addressing Oregon’s liability waiver crisis. The resort said the bill recognizes ordinary negligence and could help restore protections needed for recreation providers to obtain liability insurance, though they acknowledged it is not perfect and could still leave room for new legal challenges. The resort also expressed appreciation for bipartisan lawmakers who worked on the legislation to make the bill a reality.
Ultimately, the success of the bill may depend on how the insurance industry responds. If insurers see the new law as restoring enough predictability to manage risk, companies could begin reentering the Oregon market, potentially lowering premiums and expanding coverage options.
For ski areas throughout the state, the legislation represents the first meaningful policy change in more than a decade. Outdoor recreation advocates say they are cautiously optimistic the measure will begin to stabilize the insurance environment that many providers say has been pushing the industry toward a breaking point. Whether SB 1517B ultimately solves the problem or simply marks the first step toward broader reform will likely become clear over the next few years as insurers decide whether Oregon once again offers a workable environment for covering outdoor recreation.
