As trails around the state have closed for fear of lawsuits, lawmakers aim to change Oregon’s ‘recreational immunity’ law

The Oregon Public Use of Land Act protects local governments from lawsuits if someone is injured while recreating on public land. But a 2019 lawsuit threw the “recreational immunity” law into question when a judge sided with a Newport woman who sued the city after slipping on a wet footbridge. Since walking, running and bicycling aren’t explicitly included in the recreational activities protected by the law, cities and counties across the state have closed trails and bike paths to avoid liability. Senate Bill 1576-3 would fill the gaps in the law’s language to keep public spaces open. 

Rep. David Gomberg, a Democratic state lawmaker whose district covers Lincoln County and parts of western Lane and Benton County, joins us with more details on the bill and what it could mean for Oregon’s public lands.

STATEMENT FROM OREGON TRIAL LAWYERS ASSOCIATION: “Recreational immunity further reduces the financial incentive for cities, counties and the state to keep our families and communities safe. They will now have no responsibility to maintain safe trails, bike lanes and parks. This ultimately benefits insurance companies who don’t want to pay claims. For example, children harmed by poorly maintained playground equipment or bike riders injured on hazardous pathways will now have no way to be compensated for their medical bills or injuries due to shoddy maintenance or neglect. This bill is just another example of government shirking its duty to its citizens. Oregonians deserve better.”