What is the recreational immunity issue in Oregon?
Phil Forve, Board Member from McMinnville OR, explains.
A woman falls in Newport, and Oregon Parks close
It is hard to believe, but it is true that a woman walking her dogs to the beach in Newport Oregon slipped and fell on the access trail, broke her leg, and sued the City for damages. The initial trial court said that Oregon Recreational Immunity protected the City of Newport, but an Appeals Court disagreed and awarded damages to the plaintiff. The Supreme Court of Oregon did not take up the case. The issue at stake was not where the woman was when she fell, but what she intended to do.
Now, some months later, parks and trails in Oregon are closing because they are being told they do not have immunity from such accidents. This is an issue that brought over 70 Oregonians from all over the state to Salem on Monday, February 12, to ask the legislature to restore Recreational Immunity in the state of Oregon. A number of us had a great conversation with Representative Lucetta Elmer who indicated her support for SB-1576-3, a bill that will put in a temporary fix to the problem so that a long term solution can be hammered out in the longer session in 2025.
Access to outdoor recreation in Oregon is a bipartisan issue that we can all agree on! I found it very interesting to visit the Capitol building, currently under massive earthquake resilience retrofitting, and see our legislative process in action. Please write or call your representative to voice support for SB1576-3. They will listen!
Representative Lucetta Elmer
Republican - District 24
Capitol Phone: 503-986-1424
Capitol Address: 900 Court St. NE, H-374, Salem, Oregon 97301
Find Out More
Explore the Oregon State Legislature website regarding SB 1576 A: https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1576
Watch the video of the Working Session of the House Committee On Judiciary on 02/29/2024. Specifically, the part about SB-1576-A: https://olis.oregonlegislature.gov/liz/mediaplayer?clientID=4879615486&eventID=2024021287
Listen to reporting from OPB (Oregon Public Broadcasting) Broadcast: Tuesday, Feb. 27: https://www.opb.org/article/2024/02/27/as-trails-around-the-state-close-for-fear-of-lawsuits-lawmakers-aim-to-change-oregons-recreational-immunity-law/
Update: A bill likely to help reopen a number of hiking trails on the coast unanimously passed the Oregon House on March 6 and now heads to the desk of Gov. Tina Kotek. Senate Bill 1576 passed the House 50-0. Shepherded by Sen. Floyd Prozanski, D-Eugene, the civil omnibus bill includes an amendment that would temporarily restore the legal power of recreational immunity — a law that protects landowners who open their land for recreation. March 29: Gov. Tina Kotek signed a new bill Wednesday protecting public landowners from lawsuits over recreational incidents, but proponents caution it is just a temporary fix for a larger issue.
Gov. Tina Kotek signed a new bill March 29 protecting public landowners from lawsuits over recreational incidents, but proponents caution it is just a temporary fix for a larger issue.