Proposed legislation allowing liability waivers is bad policy and needs to die

To the editor:

Lincoln County legislators Sen. Dick Anderson, R-Lincoln City and Rep. David Gomberg, D-Otis, are among sponsors of a horrible bill that would rob consumers who suffer terrible injuries of the ability to sue river raft trip operators, ski areas, companies that rent mountain bikes and other recreation outfitters for ordinary negligence.

When I was younger, I paid to join numerous river rafting trips and sea kayaking trips from the Grand Canyon to Alaska, and I always deeply resented that to participate, I had to sign a liability waiver absolving the rafting or kayaking company of liability in case they killed or injured me due to carelessness or inattention.

In 2014, the Oregon Supreme Court wisely ruled these waivers were “unconscionable contracts” and outlawed them, allowing young man paralyzed by crashing on a defectively designed Mt. Bachelor ski jump to sue and collect a settlement.

Now, Senate Bill 754 would overturn the Supreme Court ruling and allow recreation companies to again use liability waivers to escape responsibility for “ordinary negligence,” which is when the party at fault caused an accident due to careless mistakes or inattention. The bill doesn’t protect at-fault companies from “gross negligence,” which is when injury or death results from deliberate or malicious disregard for safety.

The recreation industry argues Oregon is the only western state that outlawed liability waivers, putting it at a disadvantage, and that it is too expensive or impossible to get insurance for some activities.

I say too darned bad. There is no legitimate reason to let any company or person off the hook in advance for negligence, even if unintentional, that kills or injures others. Insured or not, a company that offers recreation activities shouldn’t be protected by law if it kills or hurts people.

SB 754 is special interest legislation, terrible public policy and bad for consumers. It deserves to die.

   — Lee J. Siegel, Beverly Beach