Bills to reduce farmer liability advance in Oregon
SALEM — Farmers will face a lower risk of lawsuits over aviation and agritourism accidents under two bills that seem likely to become law in Oregon.
House Bill 2038, which absolves landowners of liability for aviation-related injuries on their property in most circumstances, was approved unanimously by the Senate on June 1 after earlier passing the House.
Legislation that protects agritourism operators from lawsuits, Senate Bill 341, was unanimously referred for a vote on the House floor with a “do pass” recommendation on June 2 by a key committee. The bill has already been approved by the House.
Both bills have overcome opposition from the Oregon Trial Lawyers Association, which feared the proposals would deprive negligence victims of their day in court.
Under the original language of HB 2038, aviation was simply added to a list of recreational activities for which landowners cannot be held liable unless they charge an entrance fee to their property.
An amended version of the bill clarifies that this protection doesn’t extend to landowners who cause harm to aircraft operators through gross negligence after allowing the use of their private airstrips.
Farmers who own airstrips testified in favor of the bill, arguing they shouldn’t be held legally responsible for pilots who routinely land on their property without permission.
While much of the debate focused on planes and airstrips, the bill also protects landowners from liability for accidents related to aviation sports such as hang gliding and parachuting.
Under SB 341, agritourism operators wouldn’t face liability for death or injury as long as they post notices that warn visitors of the inherent dangers of being on a farm.
The bill wouldn’t apply to growers who demonstrate “negligence or willful disregard” for safety, intentionally harm visitors, don’t properly inspect equipment that hurts someone, know of an undisclosed danger, or don’t comply with land use laws for agritourism.
Supporters of SB 341, including the Oregon Farm Bureau and Friends of Family Farmers, hope that reduced liability will encourage more agritourism and persuade insurers to offer coverage for such activities, eventually lowering premiums.