The main argument for the Oregon Supreme Court’s ruling in Bagley v. Mt. Bachelor, Inc. (356 Or 275, 2014) was that the liability waiver signed by Myles Bagley was unconscionable under Oregon contract law, making it unenforceable for claims of ordinary negligence.

Bagley v Mt Bachelor (356 Or 275, 2014)

Because legislators could not pass House Bill 3140 nor Senate Bill 1196, Oregon’s recreational industry is being decimated as insurance carriers exit the state due to a “broken recreational liability system.”

A 2014 state court ruling that effectively nullified liability waivers signed at ski resorts – which makes them liable for all costs. Since then the majority of recreational insurance companies have stopped offering coverage in Oregon.

Timberline is no exception. Its previous insurance provider has just left the state. They have secured a new insurer, who’s premiums are 166% greater with 10x larger deductibles. Since 2020, Timberline’s cost of insurance has gone up by 586%.

This obviously doesn’t just affect skiing or snowboarding – but any paid recreational activity in Oregon such as rafting, mountain biking, snowmobiling, climbing, and even hiking. Sadly, as is the case in the decade long completely Democratic controlled run Oregon, nothing will likely be done until major sectors of the recreational industry leave the state or simply close down.