§ 27-101-903 — Assumption of risk by participant - Liability of outfitter - Exceptions

(a) Except as provided in subsection (c) of this section: (1) (A) A participant assumes the inherent risk of a paddlesport activity by engaging in the paddlesport activity. (B) A participant or a participant's representative shall not make a claim against, maintain an action against, or recover from an outfitter for the injury, loss, damage, or death of the participant resulting from any of the inherent risk of a paddlesport activity; and (2) An outfitter is not liable for an injury to or the death of a participant resulting from the inherent risk of paddlesport activities. (b) This section does not apply to a relationship between an employer and employee under the Workers' Compensation Law, § 11-9-101 et seq. (c) This section does not prevent or limit the liability of an outfitter or its agent that: (1) Intentionally injures a participant; (2) Commits an act or omission of gross negligence concerning the safety of a participant that proximately causes injury, damage, or death to the participant; (3) Provides unsafe equipment or watercraft to a participant and knew or should have known that the equipment or watercraft was unsafe to the extent that it could cause an injury; (4) Fails to provide a participant with the equipment required by § 27-101-203(a) ; (5) Fails to use that degree of care that an ordinarily careful and prudent person would use under the same or similar circumstances; or (6) Commits other acts, errors, or omissions that constitute willful or wanton misconduct, gross negligence, or criminal conduct that proximately causes injury, damage, or death. (d) The limitation of liability provided by this section is in addition to any other limitation of liability provided by law.

Legislative History

Added by Act 2013, No. 221,§ 2, eff. 8/16/2013.