20-3B-1.
Legislative purposes.
20-3B-2.
Definitions.
20-3B-3.
Duties of commercial whitewater outfitters and ... guides.
20-3B-4.
Duties of participants.
20-3B-5.
Liability of commercial whitewater outfitters and ...guides.
20-3B-1.
Legislative purposes.
Every year, in rapidly increasing numbers, the
inhabitants of the state of West Virginia and nonresidents are enjoying the
recreational value of West Virginia rivers and streams. The tourist trade is of
vital importance to the state of West Virginia and the services offered by
commercial whitewater outfitters and commercial whitewater guides significantly
contribute to the economy of the state of West Virginia. The Legislature
recognizes that there are inherent risks in the recreational activities provided
by commercial whitewater outfitters and commercial whitewater guides which
should be understood by each participant. It is essentially impossible for
commercial whitewater outfitters and commercial whitewater guides to eliminate
these risks. It is the purpose of this article to define those areas of
responsibility and affirmative acts for which commercial whitewater outfitters
and commercial whitewater guides are liable for loss, damage or injury.
20-3B-2.
Definitions.
Unless the context of usage clearly requires
otherwise:
(a) "Commercial whitewater outfitter"
means any person, partnership, corporation or other organization, or any
combination thereof, as defined in section twenty-three [§ 20-2-23], article
two of this chapter.
(b) "Commercial whitewater guide" means
any person as defined in section twenty-three [§ 20-2-23], article two of this
chapter.
(c) "Participant" means any person using
the services of a commercial whitewater outfitter or commercial whitewater guide
on any river, portions of rivers or waters of the state.
20-3B-3.
Duties of commercial whitewater outfitters and commercial whitewater guides.
(a) All commercial whitewater outfitters and
commercial whitewater guides offering professional services in this state shall
provide facilities, equipment and services as advertised or as agreed to by the
commercial whitewater outfitter, commercial whitewater guide and the
participant. All services, facilities and equipment provided by commercial
whitewater outfitters and commercial whitewater guides in this state shall
conform to safety and other requirements set forth in article two [§ 20-2-1 et
seq.] of this chapter and in the rules promulgated by the commercial whitewater
advisory board created by section twenty-three-a [§ 20-2-23a], article two of
this chapter.
(b) In addition to the duties set forth in
subsection (a) of this section, all commercial whitewater guides providing
services for whitewater expeditions in this state shall, while providing such
services, conform to the standard of care expected of members of their
profession.
20-3B-4.
Duties of participants.
(a) Participants have a duty to act as would a
reasonably prudent person when engaging in recreational activities offered by
commercial whitewater outfitters and commercial whitewater guides in this state.
(b) No participant may:
(1) Board upon or embark upon any commercial
whitewater expedition when intoxicated or under the influence of nonintoxicating
beer, intoxicating beverages or controlled substances; or
(2) Fail to advise the trip leader or the trip
guide of any known health problems or medical disability and any prescribed
medication that may be used in the treatment of such health problems during the
course of the commercial whitewater expedition; or
(3) Engage in harmful conduct or willfully or
negligently engage in any type of conduct which contributes to or causes injury
to any person or personal property; or
(4) Perform any act which interferes with the safe
running and operation of the expedition, including failure to use safety
equipment provided by the commercial whitewater outfitter or failure to follow
the instructions of the trip leader or trip guide in regard to the safety
measures and conduct requested of the participants; or
(5) Fail to inform or notify the trip guide or trip
leader of any incident or accident involving personal injury or illness
experienced during the course of any commercial whitewater expedition. If such
injury or illness occurs, the participant shall leave personal identification,
including name and address, with the commercial whitewater outfitter's agent or
employee.
20-3B-5.
Liability of commercial whitewater outfitters and commercial whitewater guides.
It is recognized that some recreational activities
conducted by commercial whitewater outfitters and commercial whitewater guides
are hazardous to participants regardless of all feasible safety measures which
can be taken.
(a) No licensed commercial whitewater outfitter or
commercial whitewater guide acting in the course of his employment is liable to
a participant for damages or injuries to such participant unless such damage or
injury was directly caused by failure of the commercial whitewater outfitter or
commercial whitewater guide to comply with duties placed on him by article two [§
20-2-1 et seq.] of this chapter, by the rules of the commercial whitewater
advisory board, or by the duties placed on such commercial whitewater outfitter
or commercial whitewater guide by the provisions of this article.
(b) The limitations on liability created by this
article apply only to commercial whitewater outfitters licensed under the
provisions of article two of this chapter and to commercial whitewater guides
who are agents or employees of licensed commercial whitewater outfitters, and
only when the commercial whitewater outfitter or commercial whitewater guide is
acting within the course of his employment.
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