The Consequences of Bagley v. Mt Bachelor, Inc. for Negligence Releases and Other Contract Provisions

July 28, 2015
In his article published in the Summer 2015 issue of the Litigation Journal, Michael Willes reviews the Oregon Supreme Court's 2014 decision in Bagley v. Mt. Bachelor, Inc. The Court struck down Mt. Bachelor ski resort’s anticipatory negligence release, which became the object of controversy following a patron’s devastating injury. By consolidating consideration of procedural and substantive unconscionability into a single totality-of-the-circumstances analysis, the Court made enforcement of anticipatory negligence releases more challenging.