As reported in the newspaper The Oregonian earlier this month, Oregon’s Supreme Court has ruled that “Broad liability waivers are ‘unconscionable’ “ . The ruling came as the result of a lawsuit from a snowboarder who became paralyzed during a crash on a jump at the Mount Bachelor Resort. Despite the fact that the resort had a liability waiver policy in place as a condition of purchasing the season pass, along with signs posted throughout the resort restating the policy and the inherent risks involved in using the equipment, the state Supreme Court reversed the ruling of two lower courts and said that the injured snowboarder’s $21.5 million lawsuit could proceed.
Several days after the state Supreme Court ruling, and seemingly in response to the ruling, another suit was filed against the organizers of a mountain bike race during which a competitor crashed and fractured her neck, again despite the fact that it is an inherently dangerous activity and waivers had been signed.
So if you think that you are protected because you had someone sign a paper stating that they are responsible for their own risks, think again, apparently that line of thinking is “unconscionable.”
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