Provides that an operator may require a participant in a sport, fitness or recreational activity to release the operator for claims for ordinary negligence under certain circumstances.
SB 1517 allows operators of sports, fitness, and recreational activities to require participants, and for minors their parents or guardians, to sign written liability releases covering claims for injuries caused by ordinary negligence. The bill defines “operator” broadly to include businesses or entities that offer activities or provide facilities for them, and it covers a wide range of activities such as hunting, fishing, swimming, boating, skiing, climbing, hiking, team sports, fitness training, and similar inherently risky pursuits. The release must be clear and unambiguous and must disclose the risks being waived.
The bill also limits what can be waived. It bars releases for gross negligence, reckless conduct, willful misconduct, intentional torts, negligence per se, abuse, sexual or physical assault, negligent safety training, negligent hiring or supervision tied to serious misconduct, and claims involving vehicles in most circumstances. It further states that broader releases will be narrowed to fit the statute, and it makes the question of whether a risk is inherent a matter of law. The bill applies to releases executed before, on, or after the effective date, so long as the claim arises on or after that date, and it takes effect immediately as an emergency measure.
SB 1517 changes Oregon civil liability law by expressly authorizing enforceable pre-injury liability waivers for ordinary negligence in specified sport, fitness, and recreational settings. It provides statutory protection for operators and clarifies how courts should interpret releases, while preserving claims for more serious misconduct and certain safety-related failures. The bill also affects parents or guardians signing on behalf of minors and applies to volunteer activities related to maintaining facilities used for these activities.
The bill appears to have generally favorable support, especially in the House, where it passed 52-2, and it ultimately cleared both chambers with strong final concurrence in the Senate. Earlier votes were closer, including a 16-13 Senate floor vote, suggesting the measure was more contested at first than at final passage. The emergency clause and broad bipartisan final votes indicate a consensus that the bill addresses a practical liability issue for recreation and fitness operators.
The main point of contention is the extent to which operators should be able to shift injury risk to participants through liability waivers. Support for the bill is reflected in its passage, but the narrower Senate margin suggests concern about limiting injured participants’ ability to sue, especially where negligence is involved. The statute responds to those concerns by carving out exceptions for gross negligence, reckless or intentional conduct, abuse, assault, negligent safety training, and certain vehicle-related claims, indicating that the debate centered on balancing business liability protection with participant safety and access to remedies.