2015 ORS 30.975¹
Skiers assume certain risks

In accordance with ORS 31.600 (Contributory negligence not bar to recovery) and notwithstanding ORS 31.620 (Doctrines of last clear chance and implied assumption of risk abolished) (2), an individual who engages in the sport of skiing, alpine or nordic, accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary. [1979 c.665 §2]

Notes of Decisions

Where plaintiff did not argue to trial court that her injuries were caused by combina­tion of inherent risk of skiing and operator negligence which would have made doctrine of comparative fault applicable, trial court did not err in instructing jury that if plaintiff's injury was caused by inherent risk of skiing, plaintiff could not recover. Jessup v. Mt. Bachelor, Inc., 101 Or App 670, 792 P2d 1232 (1990), Sup Ct review denied

[Former] ORS 18.470 allows jury to consider comparative negligence of skier's own or an­oth­er's negligence as well as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 115 Or App 27, 836 P2d 770 (1992), aff'd 317 Or 328, 856 P2d 305 (1993)

Collision between skier and ski instructor employed by ski area operator was not collision with an­oth­er skier that skier accepts as inherent risk of skiing. Nolan v. Mt. Bachelor, Inc., 317 Or 328, 856 P2d 305 (1993)

Assump­tion of risk de­fense is available only to ski area operators. Stiles v. Freemo­tion, Inc., 185 Or App 393, 59 P3d 548 (2002), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 30—Actions and Suits in Particular Cases, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 30, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano030.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.