The Bend Park & Recreation District’s insurer recommended it actually close trails. The park district did not. But other local governments in Oregon did close trails.

Why was this going on?

Local governments and insurers were unsure what their liability would be if somebody did something like slip and fall on a trail. Local governments had assumed they were shielded by something called recreational immunity. But after a woman fell on an improved trail in Newport and broke her leg, a 2023 court ruling, Fields v. City of Newport, raised questions about how and when recreational immunity applied.

Think about the trails along the Deschutes River in Bend. They can get icy. People do fall, even without ice. To what extent should the park district be held responsible? Never? Sometimes? It also gets complicated because some of those trails along the river pass through land courtesy of private landowners. If the landowners don’t have clear legal protections, what would that mean for their willingness to allow trails through their land?

Bend parks was among many local governments hoping the Legislature would make a change. And it did in the 2024 session with Senate Bill 1576. At least through the beginning of January 2026, local governments get limited liability from negligence claims from use of trails or structures. That is, as long as Gov. Tina Kotek signs it into law.

Why only through the beginning of 2026?

Getting the law right is a balancing act. You can see it in the testimony on the bill and proposed amendments. Many organizations, such as the Deschutes Land Trust, wanted protection because they were concerned they could face costly litigation and increased liability insurance premiums. The Bend Chamber of Commerce submitted testimony in favor of a change in the law, as well.

But the Oregon Trial Lawyers Association expressed concern about making changes that would limit the ability of people to “hold government accountable for unsafe, poorly maintained conditions.”

So legislators passed a temporary fix in the short timeframe of the 2024 session. That gives them time to come back in 2025 and figure out a long-term solution.