Oregon Appeals Court Revives Lawsuit Against Logging Companies Over Teenager’s Death
We often hear stories about fatal logging accidents killing timber workers here in Oregon. But unsafe logging job sites can also kill or seriously injure others who are not affiliated with the timber industry. For example, in 2021, a 15-year-old girl from Washington State died in an all-terrain vehicle (ATV) accident at an unmarked rock pile in a quarry that was used by several logging companies. A subsequent wrongful death lawsuit filed by the child’s mother alleges the State of Oregon, which owns the surrounding forest, and the logging companies were negligent in maintaining the quarry and not posting proper warning signs to alert people of the danger posed by the site.
“Recreational Use” Immunity May Not Apply to Rock Quarry Near ATV Trails
To explain what happened in more detail, the 15-year-old victim drove her ATV in Oregon’s Clatsop State Forest. The state owns and maintains the forest for a variety of recreational uses, including operating off-highway and all-terrain vehicles. Indeed, the victim was on a state-maintained ATV trail network when she came upon a series of rock piles. There were no signs or other physical barriers to indicate these piles were not part of the state’s trail system, according to court documents. So the victim rode her vehicle to the top of one of the piles, not realizing there was a steep drop-off of about 20 feet due to the cutting away of rocks by the logging companies that used the quarry.
Sadly, after the victim reached the top of the pile, some loose rock gave way and she fell down the 20-feet drop to her death.
Normally, property owners can be held responsible under Oregon premises liability law for dangerous conditions on their property that injure invited members of the public. But Oregon law contains an exception known as “recreational use immunity,” which bars personal injury or wrongful death claims against public or private property owners who choose to open their premises up to the public for recreational purposes.
In this case, the parties agreed that recreational use immunity shielded the State from liability for any negligence in maintaining the forest and its ATV trails. But they disagreed as to whether the logging companies could be held liable for their maintenance of the rock quarry, which the victim’s mother argued was not “recreational land” covered by the exemption. A trial judge ruled immunity did apply, granting summary judgment to the logging companies, but the Court of Appeals held the issue was not so cut-and-dry. The appellate court said the mother presented sufficient evidence to at least send the question to a jury of whether or not the quarry constituted “recreational land” at the time of the victim’s fatal accident.
Contact a Portland Wrongful Death Lawyer Today
Losing any family member–and especially a child–is not an easy thing to live with. While a lawsuit cannot bring back your loved one, it can bring you a sense of justice and closure. If you need to speak with an experienced Portland wrongful death lawyer, contact Rosenbaum Law Group, PC, today at 503-288-8000 to schedule a free consultation.
Source:
cdm17027.contentdm.oclc.org/digital/collection/p17027coll5/id/39559/rec/1
