Tillamook County Public Works posted “No Access Until Further Notice” signs at Short Beach Trail and Tire Trail in Oceanside. This action has been taken due to recently raised liability concerns. Tillamook County Public Works intends on seeking a Transient Lodging Tax Grant to complete a design for the Short Beach Trail. That will be followed by another grant request to fund the reconstruction of this trail. Tillamook County Public Works does not intend on improving the County owned portions of “Tire Trail” until necessary repairs are made to the privately owned bridge which Tire Trail uses to cross Baughman Creek.
On July 6, the Oregon Court of Appeals issued an opinion in the case of Fields v. City of Newport effectively ending recreational immunity for improved trails. Public and private landowners of improved trails are no longer protected from lawsuits. The Oregon Court of Appeals decided that there was a factual dispute between Plaintiff Fields and the City as to whether her use of the trail was recreational, or whether her primary purpose was instead for “accessing the beach”. In other words, the Court of Appeals held that the trial court needed to hold a jury trial to determine whether the plaintiff’s principal purpose on the trail was accessing the beach, or to recreate while using the trail with a friend and their dogs while they “socialized.”
Either way, recreational immunity no longer stops a case at the beginning (an “immunity” from suit), because any plaintiff can claim their “principal purpose” was not to recreate.
The Oregon Supreme Court who, on October 5, declined to review the Court of Appeals’ decision. This action, called “review denied” functions as a de facto endorsement by the Oregon Supreme Court of the Oregon Court of Appeals’ decision. The protection from lawsuits that landowners relied on in deciding to open their land to the public is now likely gone for all trails. In fact, it may be gone for any property that someone can claim they were “just passing through”.
The League of Oregon Cities and the Association of Oregon Counties intends to bring a bill to the Legislature in 2024 to restore recreational immunity. The people of Oregon who enjoy recreational access to a wide range of properties, including beach access, need to contact their local legislature to express their desire to restore recreational immunity.
