Liability waivers have been a hot topic in Oregon since a 2014 court ruling made them difficult for places like ski resorts and climbing gyms to enforce. Recreational business owners say their insurance rates have soared as a result, but trial lawyers say the waivers discourage operators from keeping their facilities safe. 

House Bill 3140 would allow recreational businesses to require customers to sign a release for claims of “ordinary negligence,” making it harder for customers to sue. Operators say they need the additional protection from frivolous claims, but attorneys say Oregon law already protects against spurious lawsuits.

Jim Zupancic is the board president of the Oregon Health & Fitness Alliance, which represents gyms, exercise studios and health clubs across the state. Gretchen Mandekor is the owner and lead trial attorney at Mandekor Law Firm. They join us to offer differing perspectives on this legislation.