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Lawmakers outline narrow approach to recreational liability waivers, seek clearer ordinary‑negligence language
Summary
Supporters of LC 215 said the concept would restore enforceable liability waivers for recreation and fitness providers by clarifying "ordinary negligence" while preserving remedies for grossly negligent conduct; sponsors described extensive stakeholder work and said the aim is to restore insurer availability and affordability.
The committee’s informational hearing on LC 215 focused on restoring enforceable recreational liability waivers and making insurance more available and affordable for outdoor and fitness providers. Chair Mark Meek framed the issue as one that affects small businesses, nonprofits and families’ access to recreation.
Rep. Emerson Levy, who has legal and insurance experience, told the committee the core technical question is how to define "ordinary negligence" in statute so that waivers are enforceable while claims for gross negligence or willful misconduct remain actionable. "We don't want to include that intent of negligence per se," Levy said, adding that the work group's goal is to produce language that both sides find tolerable.
The chair described a broad interim process that included the Oregon Bar and insurer stakeholders; Levy said the group examined Colorado's ski-specific reforms as one example, noting Colorado’s solution included a damages cap in a narrow sector. Lawmakers told the panel they will continue refining ordinary‑negligence language to balance consumer protections with the policy goal of restoring affordable insurance options.
Committee members emphasized preserving access to justice for seriously injured people while ensuring small operators can obtain coverage. The hearing was informational; sponsors said they will continue negotiations and present refined statutory language during the short session.
