SB 1593
Provides that an operator may require a person who engages in a sport, fitness or recreational activity in various ways to release the operator from claims for ordinary negligence.
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Sign in to take actionPublic sentiment
Support
96%
Oppose
4%
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Bill overview
This bill allows operators of sports, fitness, and recreational activities to require participants to sign a release form waiving liability for ordinary negligence. Operators can require these releases from individuals 18 and older, or their parents/guardians for minors. However, the release does not cover intentional misconduct, reckless behavior, or gross negligence. The bill also aims to align Oregon law with national standards and support the state’s recreation and health industries.
Sponsors
Official sponsors from legislative records.
Primary sponsors
David Brock Smith
Emerson Levy
Arguments in favor
Reasons to support this legislation.
Supporters of Senate Bill 1593 generally advocate for a balanced liability system that allows individuals to assume risks while holding providers accountable for gross negligence. They emphasize the importance of protecting Oregon's outdoor recreation industry, which is crucial for the state's economy and community development. Many concern about the impact of current liability laws on small businesses, insurance costs, and access to recreational activities, particularly for families with limited financial resources. Proponents argue that the bill will restore common-sense liability protections, ensuring affordability and access to outdoor recreation activities, while also promoting sustainable tourism and economic development in rural areas.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
Opponents of the bill express concerns that removing liability for ordinary negligence would shift excessive risk onto consumers, leading to catastrophic injuries and potentially life-altering consequences. that ski resorts and operators would be less inclined to take necessary safety measures without financial accountability, citing personal tragedies such as a father's preventable death due to a guided fishing trip gone wrong and a son's fatal accident on a negligently designed ski jump. Some also contend that the bill is driven by corporate interests seeking to externalize costs and maximize profits, while others believe it would increase insurance costs for sports providers and lead to increased lift ticket prices and potential closures of ski resorts.
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